IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002778
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his middle and last name to read: J_____ ALAN MC______LL vice, J_____ ALLEN MC______L.
2. The applicant states his birth certificate shows his birth name as:
J_____ ALAN MC_______LL.
3. The applicant provides his:
* Birth Certificate
* DD Form 214
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 applicants records are not available for review.
3. The applicant provides a copy of his DD Form 214 which shows he enlisted in the Regular Army on 27 August 1970.
4. On 26 August 1974, he was honorably released from active duty. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his name as "J_____ ALLEN MC_______L." His signature on the DD Form 214 shows his name as J_____ALLEN MC______LL.
5. The applicant provides a copy of his birth certificate that lists his name as J______ ALAN MC____LL.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 shows his last name as "J_____ ALLEN MC_____L." The applicant was required to sign his name on his DD Form 214 and signed it as J_____ ALLEN MC_____LL. There is sufficient evidence to show his last name is typed incorrectly on his DD Form 214 with an effective date of 26 August 1973.
2. However, he signed his DD Form 214 spelling his middle name as Allen vice Alan as it appears on his birth certificate.
3. It appears there may have been ongoing confusion over the spelling of his name and any doubt in this case should be resolved in the applicants favor.
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 amending item 1 his DD Form 214 with an effective date of 23 August 1973 by:
* deleting his name J____ ALLEN MC____L
* adding his name as it is shown on his birth certificate
_______ _ _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) AR20140021579
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002778
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002228
Application for correction of military records (with supporting documents provided, if any). All documents in his military personnel record including his DD Form 214 reflect his middle name as Allen and he continued to use this name throughout his military career. ___________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.
ARMY | BCMR | CY2010 | 20100016419
The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his middle name as "Allen." The evidence of record shows the applicant used the spelling of his middle name as "Allen" upon his enlistment in the Army. ____________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.
ARMY | BCMR | CY2014 | 20140006758
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's record contains a DD Form 47 (Record of Induction), dated 21 January 1970, that shows his middle name as "Allen."
ARMY | BCMR | CY2010 | 20100023130
Application for correction of military records (with supporting documents provided, if any). His DD Forms 4, DD Form 214, and all other available service documents reflect his first name as "Allen." He is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file (OMPF).
ARMY | BCMR | CY2013 | 20130017065
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 | CY2012 | 20120021049
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 | 20110000662
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 | CY2014 | 20140005416
ARMY | BCMR | CY2013 | 20130004825
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. There is no documentary evidence showing a recruiter insisted that he use a name other than the name he claims is his birth and legal name. _______ _ 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...
ARMY | BCMR | CY2014 | 20140005315
Application for correction of military records (with supporting documents provided, if any). 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." 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...