IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017065
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 correct spelling of his middle name.
2. The applicant states the DD Form 214 he received shows his middle name spelled as "Allan" instead of "Allen."
3. The applicant provides copies of his DD Form 214 and his 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. On 15 April 1972, the applicant completed a DD Form 398 (Statement of Personal History). He spelled his middle name "Allan."
3. The applicant was inducted into the Army on 25 February 1969. On his DD Form 47 (Record of Induction) his middle name is spelled "Allan."
4. The applicant's Army Military Human Resource Record (AMHRR) contains a DD Form 369 (Police Record Check). His middle name is spelled "Allen" on this form.
5. The applicant was honorably discharged on 28 December 1970. In item 1 (Last Name, First Name, Middle Name) on his DD Form 214 his middle name is spelled "Allan."
6. The applicant provides a copy of his Birth Certificate that shows his middle name is spelled "Allen."
7. 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 regulation provides that 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 contentions and supporting evidence have been considered.
2. Although his middle name is spelled both ways on documents contained in his AMHRR, he provides a copy of his Birth Certificate showing the correct spelling of his middle name; therefore, it would be appropriate to correct the spelling of his middle name on his DD Form 214.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 to show the spelling of his middle name as shown 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.
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