Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100027646
Original file (20100027646.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027646 


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 record to change his first name from "Louis" to "Luis."

2.  He states during his scholastic years his first name was spelled with an "o."  When his mother sent him his birth certificate, he noticed his first name was spelled "Luis," not "Louis."  He would like to receive a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing his correct first name.

3.  He provides copies of his birth certificate, commercial driver's license, social security card, and DD Form 214.

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 was inducted into the Army of the United States on 3 December 1970 and he was honorably released from active duty on 7 September 1972.  He continued his service in the U.S. Army Reserve until he was honorably discharged on 2 December 1983.

3.  A review of his official military personnel file (OMPF) shows he consistently used the name "Louis" during his Army service.  The record shows no instances when he used the name "Luis."

4.  The birth certificate he provides matches the date of birth shown in his records and shows his first name as "Luis."

5.  His commercial driver's license and social security card show the name "Luis."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant only used the first name "Louis" during his Army service.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 record the name on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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 OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name he used during his military service and the name recorded on his birth certificate.

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 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)                                         AR20100027646



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027646



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140009373

    Original file (20140009373.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...

  • ARMY | BCMR | CY2013 | 20130005644

    Original file (20130005644.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "ARNDREA" vice "ANDRE." The applicant's DD Forms 4 and all other documents throughout his service, including all of the documents that he signed, reflect the spelling of his first name as "ANDRE."

  • ARMY | BCMR | CY2013 | 20130012769

    Original file (20130012769.txt) Auto-classification: Denied

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013164, on 7 February 2013. The birth certificate he provides shows his last name is spelled Wixx and the DOB as 18 February xxxx. A letter from the VA, dated 16 April 2012, shows the VA granted the applicant's request for his name change to Wixx and changed his patient profile...

  • ARMY | BCMR | CY2014 | 20140021059

    Original file (20140021059.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his last name as "Ausborn" instead of "Osborn." _______ _ 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) AR20140021059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...

  • ARMY | BCMR | CY2014 | 20140008274

    Original file (20140008274.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) to show his last name as "S_____T" instead of "S_____D." 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. Item 1 (Name – Last, First, Middle) of the applicant's DD Form 4...

  • ARMY | BCMR | CY2014 | 20140015619

    Original file (20140015619.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as Jxxxx vice Lxxxxxx. Page 4 of his DD Form 4, dated 24 August 1982, shows his last name as Lxxxxxx. His DD Form 214 correctly shows his last name as Lxxxxxx, the name he held at the time he was released from active duty.

  • ARMY | BCMR | CY2012 | 20120017611

    Original file (20120017611.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110005516

    Original file (20110005516.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the proper spelling of his first name and the correct next-to-the-last digit in his Social Security Account Number (SSAN). His DD Form 47 (Record of Induction) shows his first name as Ernest and that he had no middle name. His DD Form 214 does not show a middle name.

  • ARMY | BCMR | CY2011 | 20110023985

    Original file (20110023985.txt) Auto-classification: Denied

    Item 2 (Name) of the applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 3 March 1998, shows his first name as "B--u---." All of the documents contained in the applicant's military record that lists his first name show it as "B--u---." While it is understandable the applicant desires to now record his correct birth first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s...

  • ARMY | BCMR | CY2013 | 20130012218

    Original file (20130012218.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his last name as "Guen____" instead of "Gun____." 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...