BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015341 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015341 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015341 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as it appears on his birth certificate. 2. The applicant states, in effect: * his name is incorrect as shown * his first name is Dan, not Daniel * his last name is DiM____, not DIM____ * he has no suffix 3. The applicant provides: * birth certificate * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 5 January 1965. Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Induction Record) shows his full name as "DiM____ DANIEL nmn [no middle name], JR." 3. He was honorably released from active duty on 19 December 1966. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his full name as "DIM____ DANIEL JR." Item 34 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows he signed his name as "Daniel DiM____ Jr." 4. His service personnel records show his first name as Daniel followed by the suffix Jr. and the use of the upper or lower case letter "I" in his last name depending on the prescribed document format, to include documents handwritten by him. 5. He provided a copy of his birth certificate showing his full name as "Dan DiM____." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. Figure 1 shows the Soldier's name expressed in all upper case letters, while the remaining entries are expressed in upper and lower case letters. DISCUSSION: 1. Although the applicant's birth certificate shows his full name as Dan DiM____, the evidence of record shows he was inducted under the name Daniel DiM____, Jr. on 5 January 1965. His DD Form 214, as well as every other document in his service records, shows the same name. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the name recorded in his military records and to satisfy his desire to have his name as shown on his birth certificate documented. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015341 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015341 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2