IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100023130
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 amend the spelling of his first name from "Allen" to "Alan."
2. He states, in effect, the spelling of his first name on his DD Form 214 is incorrect.
3. He did not provide any additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A copy of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 28 October 1966 for 3 years. The first name entered in item 1 (Last Name - First Name - Middle Name) reflects "Allen." He signed this document confirming the information contained therein was correct at the time. His signature also shows he spelled his name as "Allen."
3. A DA Form 428 (Application for Identification) shows he handwrote this form on 11 November 1966. The first name entered in item 1 (Last Name - First Name - Middle Name) is shown as "Allen." He also signed this document confirming that the information contained therein was correct at the time.
4. His record contains a second DD Form 4 that shows he reenlisted in the Army for an additional 3 years on 26 June 1968. Item 1 of this form contains the name "Allen." He signed this form using the spelling "Allen," confirming that the information contained therein was correct at the time.
5. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. His contention that his DD Form 214 should be amended to change the spelling of his first name to "Alan" was carefully considered; however, the evidence does not support his contention.
2. His DD Forms 4, DD Form 214, and all other available service documents reflect his first name as "Allen." His military records show he served his entire military career using the first name "Allen."
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that the applicant desires to now record his current first 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. He is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file (OMPF). This should serve to clarify any questions that may arise regarding the different first name recorded in his military records and to satisfy his desire to have his current first 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) AR20100023130
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023130
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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