IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100016419 


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 middle name as "Alan" instead of "Allen."

2.  The applicant states his middle name is misspelled on his DD Form 214.

3.  The applicant provides his DD Form 214 and a certificate of live birth. 

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.  Prior to his enlistment, the applicant completed a DD Form 398 (Statement of Personal History).  He indicated that his middle name was "Allen."  He authenticated this form by placing his signature in the appropriate block using this spelling of his middle name.

3.  His records show he enlisted in the Regular Army on 30 November 1972.  Item 5 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his middle name as "Allen." 

4.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his middle name as "Allen."

5.  His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, and various other orders that show the spelling of his middle name as "Allen."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his middle name.

6.  He was honorably discharged on 26 January 1973.  Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows the spelling of his middle name as "Allen."  He authenticated this form by placing his signature in the appropriate block.

7.  A copy of his Commonwealth of Virginia Certificate of Live Birth, issued on
2 December 2009 shows the spelling of his middle name as "Alan."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the spelling of his middle name as "Allen" upon his enlistment in the Army.  This spelling of his middle name is consistent with the middle name on all official military records throughout his military service.  He authenticated several forms that contain this spelling of his middle name.  He did not use the requested spelling of his middle name during his military service.

2.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his middle name.

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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.  While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the correct middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.
ABCMR Record of Proceedings (cont)                                         AR20100016419



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ABCMR Record of Proceedings (cont)                                         AR20100016419



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