IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100006912
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 correction of his records to show his legal name as Lawrence G____.
2. The applicant states he never realized he was using the wrong name until he received his birth certificate. He states he is planning to retire soon and needs his records corrected.
3. The applicant provides photocopies of his birth certificate and social security card.
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 military records show he was inducted into the Army of the United States on 9 March 1970. He was awarded military occupational specialty 71T (Equipment Maintenance Clerk). The highest rank/grade he held during his service was specialist five/E-5.
3. On 4 January 1972, the applicant was honorably released from active duty. He completed a total of 1 year, 9 months, and 26 days of active military service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his name as Lorenzo Raphael G____. Throughout his official military records his name is shown as Lorenzo Raphael G____.
4. The photocopies of the birth certificate and social security card, both issued 13 August 2009, show his name as Lawrence G____.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's 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's contention is understood; however, he has established no basis for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
2. While the applicant provides copies of a birth certificate and social security card showing his name as Lawrence G____, he enlisted, served, and was honorably released from active duty under the name shown in his military records. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Therefore, the copies of a birth certificate and social security card provided 37 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records, to include his DD Form 214.
3. 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. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his correct name documented.
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) AR20100006912
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ABCMR Record of Proceedings (cont) AR20100006912
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