IN THE CASE OF:	

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080007940 


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 that his first name on his separation document,
DD Form 214, be corrected from Lemore to Lamar.

2.  The applicant states that the Army couldn't understand how his name was spelled.

3.  The applicant provides a certified (unsealed) copy of his original Certificate of Live Birth, dated 26 February 1951; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); an amended Certificate of Live Birth, dated 10 May 1991; and a letter from the Mississippi State Department of Health to R_____ C. D___, Attorney at Law, dated 10 May 1991 in support of his application.

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 show that he enlisted in the Regular Army on 25 March 1969.  At that time the applicant completed a DD Form 398 (Statement of Personal History), in which he indicated his first name was Lenore but he had the nickname of Lamar.  As such, the applicant was enlisted with the first name Lenore.

3.  The applicant's records show that his name was spelled in a variety of ways on military documents, but the applicant consistently signed his first name as Lenore.

4.  The applicant was honorably released from active duty on 31 January 1972.  On his DD Form 214 his first name is shown as Lemore.

5.  The certified copy of the original Certificate of Live Birth submitted by the applicant reflects a first name which is not interpretable.  However, it is distinctly different than the amended Certificate of Live Birth issued on 10 May 1991 which clearly shows that his first name is Lamar.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's enlistment, he himself stated that his first name was Lenore and his nickname was Lamar, as he so indicated on his DD Form 398.

2.  The applicant consistently signed his name while he was on active duty as Lenore.

3.  As such, the preponderance of evidence shows that the applicant's first name was Lenore.  However, since the applicant did not request his first name be changed to Lenore, it would not be appropriate to correct the applicant's DD Form 214 to reflect that name.

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)                                         AR20080007940



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ABCMR Record of Proceedings (cont)                                         AR20080007940


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