IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021300 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as "Lonzo."

2.  He states his middle name is entered as "Lee" on his DD Form 214, but it should be "Lonzo."

3.  He provides:

* DD Form 214
* birth certificate
* social security card

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.  On 12 January 1978, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP).  The DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) completed at that time shows his middle name as "Lonzo."

3.  On 28 June 1978, he was discharged from the DEP for immediate enlistment in the Regular Army (RA).  On 29 June 1978, he enlisted in the RA.

4.  On 14 April 1982, he reenlisted.  Item 1 (Name) of the DD Form 4 completed at that time shows his middle name as "Lee."  He signed the form twice using the middle name "Lonzo."

5.  On 12 April 1985, he was honorably discharged from the RA.  Item 1 (Name) of his DD Form 214 shows his middle name as "Lee."

6.  On 5 April 1986, he enlisted in the USAR.  The DD Form 4 completed at that time shows his middle name as "Lonzo."

7.  On 31 March 1992, he was honorably discharged from the USAR.  His discharge orders show his middle name as "Lonzo."

8.  He provides a certificate of live birth and social security card showing his middle name as "Lonzo."

DISCUSSION AND CONCLUSIONS:

The applicant's records contain no evidence indicating he used or intended to use a middle name other than "Lonzo" during his military service.  The evidence of record shows his middle name was erroneously entered as "Lee" when he reenlisted in 1982, and it appears this erroneous entry became the basis for the entry in item 1 of his DD Form 214.  In view of the available evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his middle name as "Lonzo."



BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 of his DD Form 214 to show his middle name as "Lonzo."



      ____________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)                                         AR20120021300



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ABCMR Record of Proceedings (cont)                                         AR20120021300



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