BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002901 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160002901 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 (Correction to DD Form 214) deleting the current entry from item 1 of his DD Form 214 and adding his full and correct legal name (i.e., as it appears on both his separation order and social security card). _____________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: 14 September 2017 DOCKET NUMBER: AR20160002901 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 (Report of Separation from the Armed Forces of the United States) to show the correct spelling of his first name. 2. The applicant states his first name is "DO___;" however, his DD Form 214 shows his first name as "DA___." 3. The applicant provides a copy of his separation orders and social security card. 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's military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with the documents the applicant provides in support of his application, for the Board to conduct a fair and impartial review of this case. 3. A list of assigned U.S. Army Service Numbers (SNs) with the corresponding names of the individuals inducted into the U.S. Army (SNs from US 53 172 909 through US 53 172 947) shows the applicant was assigned SN "US 53 172 924." It also shows the applicant's name was written in script (i.e., "B____, Do___"). 4. A DD Form 214 shows the applicant was inducted into the U.S. Army on 3 April 1953, honorably released from active duty on 5 April 1955, and transferred to the U.S. Army Reserve (USAR) Georgia Military District to complete his Reserve service obligation. He had completed 2 years and 3 days of net active service this period. It shows in item 1 (Last Name – First Name – Middle Name): "B____, DA___." 5. In support of his application the applicant provides the following documents. a. Headquarters, Fort Bragg, NC, Special Order Number 76, dated 1 April 1955, that released him from active duty on 5 April 1955 and transferred him to the USAR Control Group (Reinforcement). The orders show his name as "DO___ B____" b. A social security card, issued on an unspecified date, to "DO___ B____." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing the DD Form 214. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It shows, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 1, enter last name, first name, and spell out the full middle name or names, if any. DISCUSSION: 1. The evidence of record shows the applicant was inducted into the U.S. Army on 3 April 1953 with the first name "DO___." a. His social security card shows his first name as "DO___." b. His separation orders show his first name as "DO___." 2. Based on the evidence of record, it appears an administrative error occurred during the applicant's separation processing that resulted in the incorrect spelling of his first name on his DD Form 214 when he was separated on 5 April 1955. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002901 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2