IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027646 


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 record to change his first name from "Louis" to "Luis."

2.  He states during his scholastic years his first name was spelled with an "o."  When his mother sent him his birth certificate, he noticed his first name was spelled "Luis," not "Louis."  He would like to receive a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing his correct first name.

3.  He provides copies of his birth certificate, commercial driver's license, social security card, and 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 was inducted into the Army of the United States on 3 December 1970 and he was honorably released from active duty on 7 September 1972.  He continued his service in the U.S. Army Reserve until he was honorably discharged on 2 December 1983.

3.  A review of his official military personnel file (OMPF) shows he consistently used the name "Louis" during his Army service.  The record shows no instances when he used the name "Luis."

4.  The birth certificate he provides matches the date of birth shown in his records and shows his first name as "Luis."

5.  His commercial driver's license and social security card show the name "Luis."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant only used the first name "Louis" during his Army service.

2.  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 understandable the applicant desires to record the name on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name recorded on his birth certificate.

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)                                         AR20100027646



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ABCMR Record of Proceedings (cont)                                         AR20100027646



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