BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000662 


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 military records to show his middle name as Allan instead of Allen.  He also requests correction of his date of birth (DOB) to show 6 April 1951 instead of 6 April 1950.

2.  He states when he joined the service, an officer entered the wrong data.  He did not notice the error until he applied for benefits and Social Security.

3.  He provides his Standard 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.  The applicant enlisted in the Regular Army on 10 September 1968 for a period of 3 years.

3.  A DD Form 3286 (Statements for Enlistment), dated 28 August 1968, bears the applicant's signature in four separate blocks.  In three of the blocks he signed using the middle name Allen and in one block he signed using the middle name Allan.

4.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows in:

* item 5 (Last Name - First Name - Middle Name) the entry G--e Allen R----r
* item 21 (DOB) the entry 6 April 1951
* items 55 and 57 he signed using the middle name Allan

5.  A DD Form 373 (Consent, Declaration of Parent or Legal Guardian) shows his middle name as Allen and his DOB as 6 April 1951.  This document is signed by Mrs. N---a L. S----e, his parent or legal guardian, certifying the applicant's DOB was correct.

6.  Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows only the middle initial "A."  Item 6 (DOB) shows the entry 6 April 1951.

7.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his middle name as Allen.  Item 9 (DOB) shows the entry 6 April 1950.

8.  A review of his Official Military Personnel File (OMPF) failed to reveal any other documents bearing the middle name Allan.

9.  He provides a Standard Certificate of Live Birth showing his middle name as Allan and showing he was born on 6 April 1951.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains 


guidance on the preparation of the DD Form 214.  The regulation in effect at the time provided that that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.  It stated for item 1 to enter the last name, first name, and full middle name or names, if any.  It stated item 9 was self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  With the exception of his DD Form 214, all documents in his OMPF bearing a DOB show the entry 6 April 1951, which matches the date of birth on his Standard Certificate of Live Birth.

2.  The preponderance of evidence indicates the DOB shown on his DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created.  Accordingly, he is entitled to correction of his DD Form 214 to show his DOB as 6 April 1951.

3.  When he enlisted in the Army, his contract and supporting documents were prepared using the middle name Allen.  It appears he and his parent/guardian did not question the spelling of his middle name at the time and as a result it became his middle name of record.  When he was released from active duty, his
DD Form 214 was prepared using the middle name of record.  Therefore, there is no basis for granting this portion of his request.

4.  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.  

5.  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 OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the 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 

___x_____  ___x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the entry "6 April 1950" and replacing it with the entry "6 April 1951."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his middle name to show the entry "Allan" instead of "Allen."



      __________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)                                         AR20110000662



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ABCMR Record of Proceedings (cont)                                         AR20110000662



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