IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130016271
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" instead of "Allen."
2. He states his DD Form 214 was typed wrong and this error was only recently detected.
3. He provides his 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 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 indicates he enlisted in the Regular Army on 31 July 1951. His DD Form 4 (Enlistment Record - United States) shows his first name as "Allan."
4. A review of the documents in his reconstructed record shows the spelling of his first name both as "Allan" and "Allen."
5. He was honorably released from active duty on 1 August 1953. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows the spelling of his first name as "Allen." He signed this discharge document using the first name of "Allan."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his first name was typed wrong on his DD Form 214 is acknowledged and determined to have merit to grant relief in this case.
2. The applicant signed his first name as "Allan" at the time he was issued his DD Form 214 and DD Form 4.
3. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the misspelling of his first name. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the spelling of his first name as it is shown on his DD Form 4.
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 deleting from item 1 of his DD Form 214 the current first name entry and replacing it with the first name as it is shown on his DD Form 4.
____________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) AR20130016271
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ABCMR Record of Proceedings (cont) AR20130016271
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