BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110014321
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 name as "Alvin" instead of "Albin."
2. The applicant states his DD Form 214 contains a typographical error.
3. The applicant provides a copy of his driver's license and DD Form 214.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States for a 2-year term on 6 December 1951.
4. On 5 September 1953, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his first name as "Albin" in item 1 (Last Name First Name Middle Name).
5. The applicant's reconstructed record contains two medical documents which show his first name as "Alvin." Additionally, his separation orders show his first name as "Alvin" and he authenticated his DD Form 214 by signing his first name as "Alvin."
6. He provides a copy of his driver's license which shows his first name as "Alvin."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. 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.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his first name shown in item 1 of his DD Form 214 is misspelled has been carefully considered and found to have merit. Although there are limited records, sufficient evidence shows his first name as "Alvin." Therefore, it would be appropriate to correct the spelling of his first name in item 1 of his DD Form 214.
BOARD VOTE:
__X____ ____X__ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
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 deleting the first name from item 1 of his DD Form 214 and entering "Alvin."
__________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) AR20110014321
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ABCMR Record of Proceedings (cont) AR20110014321
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