IN THE CASE OF:	 

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100025818 


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 the name that is recorded in his military records.

2.  The applicant states the first name in his military records is incorrect.  It shows
"Lewis L-- H-----"; however, it should be "Louis L-- H-----."  He adds that he submitted a previous request for this correction in 2009.

3.  The applicant provides a copy of his Commonwealth of Virginia, Certificate of Live Birth.

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.  A DD Form 398 (Statement of Personal History) was completed by the applicant on 19 December 1968 to determine his eligibility for enlistment.

   a.  Item 1 (First Name - Middle Name - Maiden Name (if any) - Last Name), shows the entry "Lewis L-- H----";

   b.  Item 3 (Alias(es), Nickname(s), or Changes in Name - Other Than by Marriage) is blank.

   c.  The certification section shows, "I certify that the entries made by me above are true, complete, and correct to the best of my knowledge and belief and are made in good faith.  I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both."  The applicant placed his signature in this block (i.e., "Lewis L-- H-----").

3.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) for a period of 2 years on 19 December 1968.  It shows in:

   a.  item 5 (Last Name - First Name - Middle Name) the entry, "H-----, LEWIS L--", and

   b.  item 57 (Oath of Enlistment) that "LEWIS L-- H-----" acknowledged he voluntarily enlisted in the RA for a period of 2 years on 19 December 1968.  It also shows the applicant's signature (i.e., "Lewis L-- H-----").

4.  A DD Form 1584 (National Agency Check) shows a background/security investigation was requested pertaining to the applicant.  It also shows in:

a. item 1 (Last Name - First Name - Middle Name) the entry, "H-----, Lewis
L--", and

   b.  item 5 (Month, Day, Year of Birth) the entry, "Feb[ruary] 6, 19--."

   c.  On 29 May 1969, "Lewis L. H-----" was granted a Confidential security clearance.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 19 December 1968, he was honorably released from active duty on 23 July 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 1 year, 7 months, and 5 days of active service this period.  It also shows in:
   a.  item 1 (Last Name - First Name - Middle Name) the entry, "H-----, LEWIS L--", and

   b.  item 32 (Signature of Person Being Transferred or Discharged) the applicant's signature (i.e., "Lewis L. H-----").

6.  Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 11-1343091, dated 19 November 1974, shows that "H-----, LEWIS L--" was honorably discharged from the USAR on 1 December 1974.

7.  There isn't a request from the applicant for correction of his first name or an approved official name change in the applicant's military personnel records.

8.  In support of his request, the applicant provides a copy of a Commonwealth of  Virginia, Certificate of Live Birth, that shows "Louis L-- H-----" was born on "February 6, 19--."  This document was certified by the State Registrar as a "True Copy" of the original record filed in the Bureau of Vital Statistics, Virginia Department of Health, Richmond, Virginia, on 5 January 1976.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the DD Form 4, Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  The instructions for item 1 state "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Live Birth shows the name "Louis L-- H-----."

2.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported that his name was "Lewis L-- H-----."  Thus, for reasons that are not known, the applicant chose to use the name "Lewis L-- H-----."

3.  The applicant's signature on his entrance/enlistment documents clearly show that he signed these documents with his preferred name (i.e., "Lewis L-- H-----"). In addition, the applicant's preferred spelling of his first name was consistently recorded in his official military service records, including his DD Form 214, when he was released from active duty and also on his orders when he was discharged from the USAR.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records, including his DD Form 214.

5.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

7.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100025818



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ABCMR Record of Proceedings (cont)                                         AR20100025818



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