IN THE CASE OF:	  

	BOARD DATE:	    3 July 2008

	DOCKET NUMBER:  AR20080002677 


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, in effect, that his military record and separation document (DD Form 214) be corrected to reflect his legal name and to reflect his service number.    

2.  The applicant states, in effect, that the first name of his legal name is Leland and not Lee as is listed in his record and on his DD Form 214, and he would like it corrected at this time.  He further status that less importantly, he would like his service number entered on his DD Form 214.  

3.  The applicant provides copies of his United States Passport, North Dakota Driver’s License, and DD Form 214 in support of his 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 applicant's record shows that he enlisted in the Regular Army for a period of 3 years, and entered active duty on 4 April 1969.  The enlistment record 
(DD Form 4) prepared for his enlistment lists his last first name as Lee and the applicant authenticated this document with his signature using this first name, and not the one he now claims is correct.   

3.  The Enlistment Qualification Record (DA Form 20) prepared on the applicant upon his entry on active duty on 9 April 1969, lists his first name as Lee in
Item 1 (Name).  Item I includes both his service number and Social Security Account Number (SSAN).  The applicant authenticated this record with his signature in Item 47 (Signature of Individual) using the first name Lee in his signature.    

4.  All the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) show his first name as Lee.  

5.  On 3 August 1972, the applicant was honorably separated after completing a total of 3 years and 4 months of active military service.  The first name entered in Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued is Lee, which is the same first name on his enlistment record and his 
DA Form 20.  Item 3 (Social Security Number) lists the applicant’s SSAN, the service number is not listed on the DD Form 214.    

6.  The record gives no indication that the applicant ever attempted to correct or change his name while serving on active duty.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.   It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing of the DD Form 214, and provides for entering the SSAN in Item 3.  There are no current provisions and there were no provisions in effect at the time of the applicant’s separation that provided for entering the service number on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records and separation document be corrected to reflect his legal first name was carefully considered.  However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was separated under the first name listed on these documents.  

2.  Absent any evidence to confirm he attempted to correct, or that his first name was changed/corrected while he was still serving on active duty, it is presumed he voluntarily chose to serve using the first name recorded in his military records. 

3.  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.  Absent any evidence that he has actually suffered an injustice based on the name recorded on his military records and on the specific documents in question, there is appears to be no compelling reason to compromise the integrity of the Army’s records to correct his name at this late date.  

4.  This Record of Proceedings, along with the applicant's application and supporting documents will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name. Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served.

5.  The applicant’s request to add his service number to his DD Form 214 was also carefully considered.  However, there were no regulatory provisions in effect at the time of his discharge and there are no current regulatory provisions that provide for entering the service number on the DD Form 214.  Further, his DD Form 214 contains his SSAN, which is the most commonly accepted identification number used by the military and civilian employers.  As a result, there is an insufficient evidentiary basis to support granting this requested relief.  

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 that 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)                                         AR20080002677



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ABCMR Record of Proceedings (cont)                                         AR20080002677



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