Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140005315
Original file (20140005315.txt) Auto-classification: Approved

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005315



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140005416

    Original file (20140005416.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2013 | 20130017065

    Original file (20130017065.txt) Auto-classification: Approved

    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. On his DD Form 47 (Record of Induction) his middle name is spelled "Allan." 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.

  • ARMY | BCMR | CY2011 | 20110000662

    Original file (20110000662.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show his middle name as Allan instead of Allen. The regulation in effect at the time provided that that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.

  • ARMY | BCMR | CY2013 | 20130016271

    Original file (20130016271.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant signed his first name as "Allan" at the time he was issued his DD Form 214 and DD Form 4. 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.

  • ARMY | BCMR | CY2011 | 20110010832

    Original file (20110010832.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). All documents in his available service personnel and medical records show his middle name as Alan and his DOB as 29 May 1947. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his middle name as Alan and his DOB as 29 May 1947: * DA Form 20 (Enlisted Qualification Record), Audited on 8 April 1969 * DD Form 4 Enlisted Record – Armed Forces of the Unites...

  • ARMY | BCMR | CY2014 | 20140020879

    Original file (20140020879.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His records also contain the following documents that list the spelling of his name as "Kelley" and an SSN where indicated: * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 1 July 1964, which does not list an SSN * DD Form 398 (Statement of Personal History), dated 30 August 1965, which lists his SSN as "XXX-X0-3XX4" * Special Orders Number 168, issued by Headquarters, 3rd...

  • ARMY | BCMR | CY2012 | 20120021049

    Original file (20120021049.txt) Auto-classification: Denied

    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. 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. A copy of this decisional document will...

  • ARMY | BCMR | CY2011 | 20110019664

    Original file (20110019664.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2014 | 20140009373

    Original file (20140009373.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...

  • ARMY | BCMR | CY2014 | 20140010118

    Original file (20140010118.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "HXmmXXX" instead of "HXmXXX." Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his last name as "HXmXXX" and he authenticated the form by signing his name, representing his last name as "HXmXXX." Sometimes he spelled his last name as "HXmXXX" and other times he spelled...