RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 AUGUST 2004
      DOCKET NUMBER:  AR2004100621


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his military records be correct to show
that his first name is “Sanford” vice “Sammie” as is currently reflected,
and that his middle name is “Lewis,”.

2.  The applicant states, in effect, that he was always called “Sammie” by
his family and was unaware, until he sent for his birth certificate, that
he was not named at birth.  He states he subsequently “had to do a
corrected application for [a] birth certificate.”

3.  The applicant states that he needs the correction to “get [his] VA
[Department of Veterans Affairs] benefits corrected.”  He states that the
VA will not change their records until his separation document is changed.

4.  The applicant provides a copy of his 1970 separation document, a copy
of a birth certificate issued in 1980, a September 1980 affidavit to amend
record of birth, and a copy of his social security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 September 1970.  The application submitted in this case
is dated 30 October 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 6 September 1967.  On 11 September 1967 he was
discharged for the purpose of immediate enlistment in the Regular Army.
The applicant’s induction and enlistment documents reflect the name
“Sammie” and the applicant signed the documents utilizing that name.

4.  A statement of personal history, completed by the applicant on 22
August 1967, just prior to his entrance on active duty, indicates that his
first name was “Sammie.”  However, item 3 (Alias(es), Nickname(s), or
changes in name) contains the entry “Sanford Lewis” along with his last
name.

5.  The applicant served out his term of military service utilizing the
first name “Sammie” and authenticated numerous documents utilizing that
name, including his 2 September 1970 separation document.

6.  According to the September 1980 Affidavit to Amend Record of Birth,
submitted by the applicant in support of his request, he stated that his
full name was “Sanford Lewis ------“ rather than “un-named” as reported on
the record of birth filed in the Alabama Bureau of Vital Statistics.  The
document notes that the affidavit was executed for the purpose of
correcting and/or completing the identified record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates that the applicant entered active duty and
served his entire enlistment utilizing the name “Sammie” in spite of the
fact that he was aware of another name “Sanford Lewis” as he so indicated
on his statement of personal history.  The applicant has failed to
adequately explain why he chose to utilize, and sign, his first name as
“Sammie” when he was aware of what he now contends is his legal name.

2.  It is noted that the Army has an obligation, for historical purposes,
to maintain records as they were constituted at the time of creation.  The
fact that the applicant now has a copy of a birth certificate issued in
1980, that he no longer use the name “Sammie,” or that the Department of
Veterans Affairs is unwilling to correct their files, is insufficient to
justify changing his military records, as they were originally constituted.
 However, the applicant should be aware that a copy of these proceedings
will be included in his Official Military Personnel File to show that he
now uses the first and middle name of “Sanford Lewis” vice only “Sammie.”

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
2 September 1973.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___CG __  ___WP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _____ Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100621                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040819                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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