IN THE CASE OF:  
	  	  

		BOARD DATE:  31 March 2015	  

		DOCKET NUMBER:  AR20140013351 


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 Galen instead of Glen. 

2.  The applicant states his real first name is Galen.  It appears when his DD Form 214 was prepared the letter "a" was not hit hard enough.

3.  The applicant provides:

* DD Form 214, ending on 18 August 1968
* Social security card
* Medicare Health Insurance Card
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

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.  The applicant's military records are not available to the Board for review.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Nebraska Army National Guard (NEARNG) on 22 November 1967.  His enlistment contract, which would have listed what first name he used at the time, is not available for review.

4.  He entered active duty for training (ACDUTRA) on 26 February 1968.  He completed required training and he was awarded a maintenance military occupational specialty.

5.  He was honorably released from ACDUTRA on 18 August 1968 to the control of the NEARNG.  Item 1 (Last Name-First Name-Middle Name) listed his first name as Glen.  He authenticated this form with his signature using the first name Galen. 

6.  He subsequently served through multiple extensions in the ARNG and attained the rank of sergeant first class.  None of his ARNG extension documents are available for review.  

7.  He was ultimately separated from the ARNG on 14 May 1982.  His NGB Form 22 listed his first name as Calen (or possibly Galen).  He was not available to sign this form. 

8.  He provides a social security card and a Medicare card that list his social security number and the first name as Galen. 

9.  Army Regulation 635-5 (Separation Documents), currently in effect,  prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The separation document is a synopsis of the Soldier’s most recent period of continuous active duty.  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 reconstructed record is void of his initial or subsequent enlistments/extensions in the ARNG which would have shown the first name he used upon entry into military service.  It is unknown what first name the applicant used during his military service.  

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing his first name in this case.

3.  A copy of this decisional document, along with his application will be filed in his official military personnel file.  This should serve to clarify any questions or confusion regarding the different first names and adequately document his first name in his military records. 

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)                                         AR20140013351





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ABCMR Record of Proceedings (cont)                                         AR20140013351



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