RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070015358 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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, in effect, that his military records be corrected to show that his last name is separated by a space between the prefix "La" and the remainder of his last name of "S__."

2.  The applicant essentially states that he is attempting to get his Department of Veterans Affairs (DVA) records and his active duty military records to match.  He also states that when he enlisted on 27 September 1966, the recruiter would not enter his last name as entered on his social security card, and that each subsequent enlistment/reenlistment has resulted in a continuation of the misspelling of his last name.  He further states, in effect, that due to the initial error, he has not been able to get all of his military records corrected, and that the United States Marine Corps, the Army National Guard, and the Army Reserve have all carried this error forward.  

3.  The applicant provides a copy of his social security card, United States Marine Corps enlistment contract, DD Form 214 (MC) (Armed Forces of the United States Report of Transfer or Discharge) issued on 4 December 1970, DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 23 May 1989, NGB Form 22 (Report of Separation and Record of Service) issued on 24 January 1988, and DD Form 220 (Active Duty Report) in support of this 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 preponderance of the documents in the applicant's military records show that his last name is spelled "LaS__," with no space between the prefix "La" and the remainder of his last name of "S__," including his DA Form 2A (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II).  

3.  The applicant contends that his last name should be spelled "La S__," and provided a copy of his social security card.  He also indicated that his social security card shows that his last name is spelled "La S__."  However, his social security card clearly shows that his last name is spelled "LaS__," with no space between the prefix "La" and the remainder of his last name of "S__."

4.  The applicant essentially stated that he is attempting to get his DVA records and his active duty military records to match.  He also stated that when he enlisted on 
27 September 1966, the recruiter would not enter his last name as entered on his social security card, and that each subsequent enlistment/reenlistment has resulted in a continuation of the misspelling of his last name.  He further stated, in effect, that due to the initial error, he has not been able to get all of his military records corrected, and that the United States Marine Corps, the Army National Guard, and the Army Reserve have all carried this error forward.  

5.  The applicant's military records contained three documents from the DVA, all of which show his last name is spelled by that agency as "LaS__."

6.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides, in pertinent part, guidance on the entering of a Soldier's last name on the DA Form 2-1 and DA Form 2A.  Table 5-2 states that for item 1 (Name) of the DA Form 2-1, "Enter in capital letters the last name, first name, and middle name.  Names containing "MAC," "VAN," and so forth, will be entered without a space to separate the prefix from remainder of the name."  Table 5-3 provides that for item 1 (Name) of the DA Form 2A, the name must agree with first 27 characters and spaces of the name data in item 1, DA Form 2-1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that his last name is separated by a space between the prefix "La" and the remainder of his last name of "S__."

2.  While it is clear that the applicant contends that his last name should be spelled "La S__," military regulations specifically prohibit placing a space between the prefix and the remainder of his last name.  Additionally, although the applicant's social security card shows the second letter of the prefix of his last name was lower case, it does not show that there is a space between the prefix "La" and the remainder of his last name of "S__."  


3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  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.  While it is understandable the applicant desires to now record his last name as he wishes, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  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 Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to any possible differences in the name recorded in his military records and other official records and to satisfy his desire to have his last name documented in his OMPF in the format in which he requests. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070015358



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508