BOARD DATE: 17 July 2018 DOCKET NUMBER: AR20160018863 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: 17 July 2018 DOCKET NUMBER: AR20160018863 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: 17 July 2018 DOCKET NUMBER: AR20160018863 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 his first and middle names as Ivan Dale. 2. The applicant states his first and middle names are reversed on his DD Form 214. His legal name is Ivan Dale. He always answered to Dale growing up and throughout his adult life so he did not notice it in 1955. He recently filed for Department of Veterans Affairs benefits and discovered the mistake. He needs his name corrected to prevent confusion for benefits. 3. The applicant provides: * DD Form 214 * birth certificate * Michigan driver's license * Medicare insurance 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 records are not available for review. The National Personnel Records Center search failed to locate his service records. This case is being considered based on the documents provided by the applicant. 3. The copy of the DD Form 214 he provided shows: a. his first name as Dale and middle name as Ivan; b. he was inducted into the Army of the United States on 9 April 1953; and c. he was released from active duty on 25 March 1955. 4. He provided a copy of his birth certificate showing his first and middle names as Ivan Dale. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time of his release from active duty, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his first and middle names are reversed on his DD Form 214. He provided his birth certificate showing his first and middle names as Ivan Dale. 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 DD Form 214 he provided shows his first and middle names as Dale Ivan. In the absence of Army records showing he ever used the first and middle names Ivan Dale during his military service, administrative regularity must be presumed. 4. The applicant's military records are not available for review. He is advised that a copy of this decisional document will be filed in his reconstructed records along with the documents he provided. This should serve to clarify any questions or confusion regarding the name recorded on his DD Form 214 and the name shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018863 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018863 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2