IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100009088
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 his military records be corrected to show his first name as "Larry Alan" vice "Alan Larry."
2. The applicant states that his birth name is "Larry" but because he went by his middle name "Alan" his recruiter told him he would switch the names around and make his middle name his first name.
3. The applicant provides a birth certificate, South Carolina driver's license, Social Security card, and a copy of his DD Form 214 (Certificate of Discharge or Release from Active Duty) 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 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's DD Form 1966/1 (Application for Enlistment-Armed Forces of the United States), item 1 (Name), shows "Larry Alan" lined through and replaced with "Alan Larry" as the first and middle names.
3. He enlisted in the U.S. Army Reserve Delayed Entry Program on 20 April 1977. His DD Form 4 listed his first name as "Alan" and his middle name as "Larry." He authenticated this form with his signature using the first name "Alan" and the middle name "Larry."
4. His records contain various personnel, finance, medical, and legal documents that listed his first name as "Alan" and his middle name as "Larry." He authenticated several of these documents by placing his signature in the appropriate block using these first and middle names.
5. The record contains a DD Form 2005 (Privacy Act Statement- Health Care Records), Standard Form 93 (Report of Medical History), DA Form 3286-18 (Statements of Enlistment), and DD Form 1966/6, authenticated and signed "Larry Alan."
6. He was honorably released from active duty on 31 August 1980 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
7. Item 1 (Name) of his DD Form 214 shows his first name as "Alan" and his middle name as "Larry." He authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using the first name "Alan" and the middle initial "L."
8. He provided a copy of his birth certificate, Social Security card, and South Carolina driver's license which show his first name as "Larry" and his middle name as "Alan."
9. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states 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 military records be corrected to show his first name and middle name as "Larry Alan" vice "Alan Larry."
2. Although the applicant used the requested first and middle names on four entrance documents he used the first name "Alan" and the middle name "Larry" on all other documents in his official military records. He authenticated several forms that contain these first and middle names, to include his enlistment contract and DD Form 214 upon separation. He acknowledged that when he enlisted he went by the first name Alan.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, there is no basis to grant the requested relief.
4. Nevertheless, a copy of this decisional document, along with the application and supporting documents, will be filed in the applicant's service record in order to provide clarity and to deal with any confusion that may arise regarding the difference in the first and the middle names he claims now. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first and middle names under which he served.
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.
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ABCMR Record of Proceedings (cont) AR20100009088
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