BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090016258
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 that his first name and middle name be reversed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his legal name is L***** D** M***** (LDM). His DD Form 214 shows his name as D** L***** M***** (DLM). He requires a correction in order to apply for social security benefits.
3. The applicant provides copies of his Social Security Card and his Certificate of Live Birth (Arkansas) showing LDM as his correct name. He provides a copy of his DD Form 214 showing his name as DLM when he was in the Army.
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 applicants 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 applicants 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 (RA) for 3 years on 4 February 1966. He enlisted using the name DLM and he signed his enlistment documents using the name DLM.
3. The applicant was honorably released from active duty on 3 February 1969 upon completion of 3 years of creditable active Federal service. His DD Form 214 shows his name as DLM and he signed his DD Form 214 using the name DLM.
4. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show his name as LDM vice DLM.
2. Evidence of record shows the applicant enlisted and served using the name of DLM throughout his RA military service. Those service records are consistent with the name he was using at that time.
3. The Army has an interest in maintaining the integrity 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 the absence of compelling information to the contrary, there is no basis for changing the records in this case.
4. A copy of this decisional document, along with the applicants application will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different first and middle names.
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) AR20090016258
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ABCMR Record of Proceedings (cont) AR20090016258
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