BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20100030408 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Lauxxxxx" instead of "Lawxxxxx." 

2.  The applicant states his first name was misspelled upon enlistment. 

3.  The applicant provides:

* DD Form 214
* Certificate of live birth
* Driver license
* Certification of birth
* Social Security Card
* Statement from the Social Security Administration (SSA)

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.  Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his first name as "Lawxxxxx."  He authenticated this form by placing his signature in the appropriate block using this first name.

3.  He enlisted in the RA on 28 November 1967.  Item 5 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his first name as "Lawxxxxx." 

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same first name as that shown on his enlistment document.  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this first name.

5.  His records contain several official personnel documents including a record of emergency data, a record of Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records that show his first name as "Lawxxxxx." He authenticated several of these forms using this name.

6.  He was honorably released from active duty on 27 November 1970.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Lawxxxxx."   He also authenticated this form by placing his signature in the appropriate place using this first name.

7.  He provided his birth certificate, driver license, social security card, and statement from the SSA, issued on various dates, listing his first name as "Lauxxxxx."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his enlistment in the Army, the applicant listed his first name as "Lawxxxxx."  This first name is consistent with the first name on several documents in his service record throughout his entire military service.  He authenticated several of these documents by placing his full signature in the appropriate block indicating his name was correct.  He did not use the first name he now uses when he served in an active status.

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.

3.  Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed that the applicant's military service records including the DD Form 214 were correct at the time they were prepared and there is insufficient evidence to grant him relief in this case.  This Record of Proceedings along with the documents that he provided will be placed in his official military record to address any questions that may arise concerning the spelling of his first name.

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)                                         AR20100030408



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030408



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1