IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002228
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 amendment of his DD Form 214 (Report of Separation from Active Duty) to change the spelling of his middle name from "Allen" to "Alan."
2. He states his middle name is spelled incorrectly on his DD Form 214 and the proof is in his birth certificates.
3. The applicant provides a DD Form 214 and two birth certificates for the State of New Mexico.
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. He enlisted in the Regular Army on 25 March 1974 for 3 years. At the time of his enlistment, he completed a DD Form 4 (Enlistment Contract Armed Forces of the United States), a certificate, a Status Certification form, Statement for Enlistment Delayed Entry Program, and a Consent, Declaration of Parent or Legal Guardian that all list his middle name as "Allen." He also signed the applicable forms using "Allen" if the use of a middle name was required.
3. On 13 May 1974, a security clearance investigation was completed on the applicant. The DA Form 873 (Certificate of Clearance and/or Security Determination) shows his middle name as "Allen."
4. He was discharged on 24 February 1975. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the middle name "Allen."
5. The applicant provided two birth certificates for the State of New Mexico. These documents show his middle name as "Alan."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. All documents in his military personnel record including his DD Form 214 reflect his middle name as Allen and he continued to use this name throughout his military career.
2. Although he provided two birth certificates that show his middle name as "Alan," for historical purposes the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. He is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows the correct spelling of his middle name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his middle name documented in his OMPF.
5. Therefore, there is insufficient evidence to grant him relief in this case.
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 that 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) AR20140002228
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ABCMR Record of Proceedings (cont) AR20140002228
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