IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110000048 


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 (Certificate of Release or Discharge from Active Duty) to show his first name as "John" vice "Johnny" and his middle name of "L." vice the middle name of "Lee."

2.  The applicant states his birth certificate, social security card, driver's license, and military identification (ID) card show his first name as "John" and his middle name as "L."  A previous request was submitted to have this error corrected.  In March 2009, he attempted to purchase a home utilizing a Department of Veterans Affairs (VA) loan but the certificate of eligibility was submitted with the incorrect first name and middle initial which caused the loan title to be incorrect.

3.  The applicant provides:

* his DD Form 214 for the period ending 28 February 1993
* his DD Form 215 (Correction to DD Form 214), dated 29 October 2008
* his birth certificate
* his social security card
* his Texas driver's license
* his retired military ID card
* a letter from the Army Review Boards Agency Support Division-St. Louis, dated 29 October 2008, in response to his DD Form 149 (Application for Correction of Military Records), dated 2 April 2008


* a letter from the VA, Philadelphia, PA, dated 5 November 2010
* six pages of medical records
* DD Form 149, dated 2 April 2008

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 (AUS) on 22 July 1970.  His DD Form 47 (Record of Induction) shows his first name as "Johny" and his middle name as "Lee."  He was honorably discharged on 21 July 1972 for the purpose of enlistment in the Regular Army (RA).  His record is void of the DD Form 214 for this period of service.

3.  The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his first name as "Johnny" and his middle name as "Lee."  He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same first name and the middle name of "L."

4.  On 22 July 1972, he enlisted in the RA.  On 20 June 1973, he was honorably discharged for the purpose of immediate reenlistment.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued for this period of service shows his first name as "Johnny" and his middle name as "Lee."

5.  On 21 June 1973, he reenlisted in the RA.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 21 June 1973, shows his first name as "Johnny" and his middle name as "Lee."  On 21 March 1979, he was again honorably discharged for the purpose of immediate reenlistment.  Item 1 of the DD Form 214 he was issued for this period of service shows his first name as "Johnny" and his middle name as "Lee."

6.  On 22 March 1979, he reenlisted in the RA.  The DD Form 4, dated 22 March 1979, shows his first name as "Johnny" and his middle name as "Lee."  He authenticated this form by placing his signature in the appropriate block using this same first name and middle name.

7.  His record contains numerous personnel, finance, medical, and legal documents including a record of a Servicemen's Group Life Insurance Election, assignment orders, and various other orders that show his first name as "Johnny" and his middle name as "Lee."

8.  On 28 February 1993, he was retired for length of service.  He completed 22 years, 7 months, and 9 days of creditable active service.  Item 1 of his DD Form 214 for this period of service shows his first name as "Johnny" and his middle name as "Lee."  He authenticated this form by placing his signature in the appropriate block using this same first name and the middle name of "L."

9.  On 2 April 2008, he submitted a DD Form 149 requesting correction of his DD Form 214 for the period ending 28 February 1993 to show his first name as "John" vice "Johnny."  His request was administratively corrected by the Army Review Boards Agency Support Division-St. Louis and a DD Form 215 was issued to correct his DD Form 214 to show his first name as "John" vice "Johnny."

10.  The applicant provides a birth certificate certified on 16 November 2010 wherein his first name is shown as "John" and his middle name as "L."  He also provides a social security card, Texas driver's license issued on 17 April 2009, and retired military ID card, all of which show his first name as "John" and his middle name as "L."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his induction into the AUS on 22 July 1970, the applicant listed his first name as "Johnny" and his middle name as "Lee."  This first and middle name is consistent with the first and middle name he used on various documents throughout his almost 23 years of military service.  He authenticated many documents by placing his signature in the appropriate place indicating his name was correct.  He did not use the first and middle name that he now claims during his period of military service.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  Normally, in the absence of compelling information to the contrary, there is no basis for correcting a record to indicate a name change.  However, as his first name was previously corrected by the Army Review Boards Agency Support Division-St. Louis, it would be appropriate to grant his request for relief and correct his DD Form 214 for the period ending 28 February 1993 to show his middle name as "L." vice "Lee."

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the middle name of "Lee" from item 1 of his DD Form 214 for the period ending 28 February 1993 and replacing it with the middle name of "L."



      ____________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)                                         AR20110000048



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ABCMR Record of Proceedings (cont)                                         AR20110000048



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