IN THE CASE OF:	    

		BOARD DATE:	         17 September 2008

		DOCKET NUMBER:  AR20080002939 


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 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending dates of 22 March 1965, and 18 March 1968 be corrected to show his name as M_ _ _ _ _ _  
T_ _ _ _  L_ _ _  C_ _ _. 

2.  The applicant states, in effect, that his correct name is reflected on his Social Security Card, his California Commercial Driver license, his United States of America Passport, and his Certificate of Birth.  He continues that since he enlisted in the Army he has tried to get his name corrected on his military records.

3.  The applicant provides copies of his DD Forms 214, dated 17 March 1964
and 18 March 1968; his Social Security Card; his California Commercial Driver License, issued on 20 September 2006; his United States of America Passport, issued on 26 June 1990; and his Certificate of Birth, issued on 6 June 1944, 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 applicant enlisted in the Regular Army on 17 March 1964.  After completion of basic and advanced individual training, the applicant was awarded military occupational specialty (MOS) 208 (Medical Equipment Repairman).  The applicant's DD Form 214 shows that, on 22 March 1965, he was honorably discharged.  Item 1 (Name) of the applicant's DD Form 214 lists his name as 
T_ _ _ _  L_ _ _  C_ _ _  which is authenticated by his signature.  

3.  On 23 March 1965, the applicant reenlisted in the Regular Army for 3 years as a Medical Equipment Repairmen.  The applicant's DD Form 214 shows that, on 18 March 1968, he was honorably released from active duty as an early overseas returnee and transferred to the United States Army Reserve Control Group (Annual Training) to complete his service obligation.  Item 1 of the applicant's DD Form 214 lists his name as T_ _ _ _  L_ _ _  
C_ _ _  which he again authenticated with his signature. 

4.   The applicant's record shows that after a break in service he reentered the Regular Army on 24 June 1975, as a Medical Equipment Repairman.  The applicant's DD Form 214 shows that, on 28 August 1975, he was honorably separated from active duty under the provisions of Army Regulation 
635-200 (Personnel Separation), Chapter 5 enlisted trainee discharge program.  
Item 1 of the applicant's DD Form 214 lists his name as M_ _ _ _ _  T_ _ _ _  
L_ _ _  C_ _ _  which includes an additional name which is different from the two previous DD Forms 214. 

5.  The applicant submitted copies of his Social Security Card, his California Commercial Driver license, and his United States of America Passport which all show his name as M_ _ _ _ _  T_ _ _ _  L_ _ _  C_ _ _.  The applicant also submitted a copy of his Certificate of Birth which shows his name as T_ _ _  
L_ _ _  C_ _ _.

6.  Army Regulation 600-8-104 (Military Personnel Information Management
/Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 with the ending dates of 22 March 1965, and 18 March 1968 should be corrected to reflect his name as 
M_ _ _ _ _ _  T_ _ _ _  L_ _ _  C_ _ _ .

2.  Evidence of record shows the applicant completed two periods of enlistment from 17 March 1964 through 22 March 1965, and 23 March 1965 through 18 March 1968 with his name shown as T_ _ _ _  L_ _ _  C_ _ _.  

3.  The applicant's record also shows he signed both documents the same way until he was discharged on 28 August 1975, which resulted in his name being recorded as M_ _ _ _ _ _  T_ _ _ _  L_ _ _  C_ _ _.

4.  The applicant's record shows he has signed numerous documents using both names throughout his military career.

5.  The Army has an interest in maintaining the consistency of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In this regard, name changes that occur after completion of military service are not a basis for changing the military record.

6.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

7.  A copy of this decisional document, along with the applicant’s application and the documents that he provided will be filed in the applicant’s Official Military Personnel File (OMPF) to show his name as M_ _ _ _ _ _  T_ _ _ _  L_ _ _  
C_ _ _.  Therefore, these documents should serve to clarify any questions or confusion regarding the different names and adequately document his birth name in his record for the purpose of entitlement to veterans' benefits.  








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)                                         AR20080002939



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ABCMR Record of Proceedings (cont)                                         AR20080002939



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