IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011694
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 the spelling of his first name as Alan instead of Allan.
2. The applicant states the spelling of his first name is incorrect. He contends that only one letter "L" is used in the spelling of his first name.
3. The applicant provides a DD Form 214, a DD Form 215 (Correction to DD Form 214), and a birth certificate.
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. On 28 March 1969, prior to his enlistment in the Regular Army, the applicant completed a DA Form 3286 (Statements for Enlistment) and listed his first name as Alan.
3. He enlisted in the Regular Army on 22 April 1969. His DD Form 4 (Enlistment Contract) shows his first name as Alan.
4. His military file includes a DD Form 1584 (Department of Defense National Agency Check Request), a DA Form 20 (Enlisted Qualification Record), and a Report of Medical Statement that show his first name as Alan.
5. He was released from active duty on 23 December 1971. His DD Form 214 shows his first name as Allan. On 20 February 1973, he was issued a DD Form 215 which corrected item 9 (Date of Birth) of his DD Form 214 that also shows his first name as Allan.
6. His first name is shown as Alan on the birth certificate he provided.
7. Army Regulation 635-5 (Separations 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. It states 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:
His military records clearly show he listed his first name as Alan. It appears an administrative error occurred in the preparation of his DD Form 214 in that an incorrect first name was recorded. Therefore, his DD Form 214 and DD Form 215 should be corrected to show his correct first name.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 and DD Form 215 to show his first name as it is listed on his birth certificate.
_______ _ 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) AR20120011694
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ABCMR Record of Proceedings (cont) AR20120011694
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