IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005315
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 Active Duty) to show his correct middle name as "Allan" instead of "Allen."
2. He states item 1 (Last Name - First Name - Middle Name) of his DD Form 214 incorrectly spelled his middle name with an "e" instead of an "a."
3. He provides:
* DD Form 214
* a copy of his Social Security Card
* birth certificate
* various documents from his military personnel record
* letter from the City of Anchorage Alaska
* letter from the National Personnel Records Center
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. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) which shows he enlisted in the Regular Army on 26 August 1971. Item 5 (Last Name - First Name - Middle Name) shows his middle name as "Allen."
3. The applicant record contains several documents that all show his middle name as "Allan":
* DD Form 398 (Statement of Personal History)
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian)
* DD Form 369 (Armed Forces Fingerprint Card)
* Page 1 of a DA Form 20 (Enlisted Qualification Record)
4. His DD Form 214 shows he was honorably released from active duty on
23 August 1974. Item 1 of this form shows his middle name as "Allen."
5. The applicant provided a copy of his Social Security Card and his birth certificate that both list his middle as "Allan."
DISCUSSION AND CONCLUSIONS:
A majority of the documents in his personnel record list his middle name as "Allan." Therefore, it would be appropriate to correct his DD Form 214 to show the correct spelling of his 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 deleting the middle name shown in item 1 of his DD Form 214 and replacing it with the middle name shown on his DD Form 398.
___________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) AR20140005315
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005315
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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