BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026215 


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 the spelling of his first name on his DD Form 214 (Report of Separation from Active Duty) be changed to "Tommy" and that the social security number (SSN) be corrected.

2.  The applicant states that these are clear, unmistakable errors.

3.  The applicant provides a statement from the Social Security Administration, dated 13 September 2010, indicating the SSN for "Tommy Lavoria M____" is "XXX-XX-7997" and a copy of a 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.  Special Orders Number 17, dated 25 January 1972, show the former service member named "Tommie L. M____" enlisted in the U.S. Army for 2 years.  These orders show his SSN as "XXX-XX -3204."

3.  On 28 January 1972, the service member completed a DD Form 398 (Statement of Personal History) indicating a name of "Tommie Laverne M____."  He signed his name as "Tommie Laverne M____" and left the space for SSN blank.

3.  The individual completed training and then served as a radio operator in Germany until he was separated from active duty on 17 January 1974 with an honorable characterization of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 lists the service member's name as "M____, Tommie Laverne" and the SSN as "XXX-XX-3204."  The service member signed his name as "Tommie L. M____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the misspelling of his first name and his SSN as shown on his DD Form 214 are obvious errors.

2.  However, there is no available evidence that the former service member and the applicant are the same person.

3.  Nevertheless, for historical purposes, the Army has an interest in maintaining the accuracy 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.  While it might be understandable that the applicant now desires the record show his proper name, in the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  

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 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)                                         AR20100026215



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ABCMR Record of Proceedings (cont)                                         AR20100026215



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