BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120021049
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 the spelling of his first name as "ALLAN."
2. The applicant states his first name was incorrectly spelled as "ALLEN" on his DD Form 214. The correct spelling is "ALLAN."
3. The applicant provides copies of his DD Form 214 and 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 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 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 that his records were lost or destroyed in that fire. However, there is sufficient documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 22 November 1948 and he was honorably discharged on 16 May 1952.
* item 1 (Last Name First Name Middle Name) shows his first name spelled as "ALLEN"
* item 10 (Date of Birth) shows his birth date as 26 July 1929
* item 48 (Signature of Person Being Separated) shows he signed his first name as "ALLEN"
4. He provides a copy of a New York State Department of Health Certification of Birth issued on15 April 1991. The certificate shows the applicant's first name spelled as "ALLAN" and birth date as 26 July 1929.
5. 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records are not available for review. As a result, there is no documentation to show the spelling he recorded for his first name when he enlisted. His DD Form 214 shows he signed his first name using the spelling "ALLEN" upon his discharge. In the absence of evidence to the contrary, administrative regularity must be presumed.
2. His desire to have his DD Form 214 changed to show the spelling of his first name as shown on his birth certificate is understandable; however, there is no basis for compromising the integrity of the Army's records at this late date. The Army has an interest in maintaining the integrity of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. A copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the different spellings of his first name.
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 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) AR20120021049
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ABCMR Record of Proceedings (cont) AR20120021049
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