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 applicant’s 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 applicant’s 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 applicant’s 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



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ABCMR Record of Proceedings (cont)                                         AR20150002778



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