BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140005320 


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 his first name as Aaron instead of Adron and to show his date of birth (DOB) as 2 July 1949 instead of 
27 December 1947.

2.  The applicant states the first name shown on his birth certificate is Adron but it was an error.  His first name has always been Aaron as shown on all other records.  His birth certificate shows his DOB as 2 July 1949.

3.  The applicant provides no additional evidence.

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 6 October 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his first name as Adron and his DOB as 
2 July 1949.

3.  On 7 October 1969, he completed a Standard Form 89 (Report of Medical History) in which he listed his first name as Aaron.

4.  He enlisted in the Regular Army on 16 October 1969.  His DD Form 4 (Enlistment Contract) shows his first name as Adron and his date of birth as 
27 December 1947.

5.  A review of his Official Military Personnel File (OMPF) revealed he listed his first name as Adron throughout his entire active duty service except for the Standard Form 89.

6.  He was released from active duty on 22 July 1971 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows his first name as Adron and his DOB as 27 December 1947.  He signed his DD Form 214 listing his first name as Adron.

7.  His OMPF includes documentation pertaining to his service in the USAR that shows his first name as Aaron.

8.  Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his first name as Aaron and to show his DOB as 2 July 1949 has been carefully considered.

2.  He completed a DD Form 398 prior to his enlistment in the Regular Army in which he listed his DOB as 2 July 1949.  It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed.  Therefore, his DD Form 214 should be corrected to show his DOB as 2 July 1949.

3.  He completed a Standard Form 89 prior to his enlistment in the Regular Army and listed his first name as Aaron.  The evidence shows he listed his first name as Adron throughout the entire period of his active duty service and that he listed his first name as Aaron throughout his service in the USAR.   Notwithstanding the fact that he listed the first name he now claims is incorrect through his entire period of active duty service, his DD Form 214 should be corrected to show his first name as shown on the Standard Form 89 dated 7 October 1969.

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 his DD Form 214 the current DOB entry and replacing it with the DOB shown on his DD Form 398 and by deleting from his DD Form 214 the first name entry and replacing it with the first name shown on the Standard Form 89, dated 7 October 1969.



      __________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)                                         AR20140005320



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ABCMR Record of Proceedings (cont)                                         AR20140005320



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