IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000208 


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) as follows:

* item 1 (Last Name - First Name - Middle Name) to show his last name spelled as A__AN vice A__EN
* item 9 (Date of Birth (DOB)) to show his DOB as 12 August 1950 vice 12 September 1950

2.  The applicant states it appears these were clerical errors during the discharge process.

3.  The applicant provides:

* birth certificate
* social security card
* DD Form 47 (Record of Induction)

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History).  He listed his last name spelled as A__EN and his DOB as 8 September 1951.  He authenticated this form with his signature using this last name.

3.  He was inducted into the AUS on 17 September 1970.  His DD Form 47 (Record of Induction) listed his last name as A__EN and his DOB as 12 September 1950.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as A__EN and his DOB as 12 August 1950.

5.  His records contain several documents listing his last name as A__EN and his DOB as 12 August 1950, including:

* DA Form 428 (Application for Identification Card)
* Multiple assignment, reassignment, and/or separation orders
* DA Form 268 (Report for Suspension of Favorable Personnel Actions)
* DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice)

6.  He was discharged from active duty on 20 May 1971.  Item 1 of his DD Form 214 shows his last name spelled as A__EN and item 9 shows his DOB as 12 September 1950.

7.  He provided:

* his birth certificate showing the spelling of his last name as A__AN and his DOB as 12 August 1950
* his social security card showing the spelling of his last name as A__AN

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant listed his DOB as 8 September 1950 at the time of his induction.  Although some of his records reflected his DOB as 12 September 1950, he also recorded his DOB as 12 August 1950.  This DOB is consistent with the DOB shown on several documents throughout his military service.  It appears that an administrative error occurred during the preparation of his DD Form 214 resulting in the incorrect DOB being listed.  His DD Form 214 should be corrected to show his DOB as 12 August 1950.

2.  With respect to his last name:

	a.  The available evidence shows he used the last name A__EN upon his induction into the AUS.  He consistently used this last name throughout his military service.  He authenticated documents, as required, by placing his signature in the appropriate blocks, using this last name and indicating the information contained therein was correct.  He did not use the last name A__AN at any point during his military service.

	b.  For historical purposes, the Army has an interest in maintaining the integrity 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.  While it is understood that the applicant desires to now record different spelling of his last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

	c.  The applicant is advised that a copy of this decisional document which confirms the requested last name will be filed in his official military Personnel records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his current last name documented in his military records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 9 of his DD Form 214 and replacing it with the DOB shown on his birth certificate.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to recording his last name as A__AN instead of AL__EN.



      _____________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)                                         AR20150000208



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ABCMR Record of Proceedings (cont)                                         AR20150000208



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