IN THE CASE OF:	   

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110014696 


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 service records.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his name as "W-----, Louis; however, it should be "W-----, Omar Louis."  He adds that Army officials were inattentive and did not care about being accurate regarding information in his military personnel records.

3.  The applicant provides a copy of his Social Security card that shows the name "Omar Louis W-----" and the signature "Omar L. W----- III" and his 6 May 1966 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States (AUS) on 7 May 1964.  It also shows in item 1 (Last Name - First Name - Middle Name):  "W-----, Louis  nmi [no middle initial]." 
(The U.S. Armed Forces did not use the Social Security Number (SSN) at the time of the applicant's induction.)

3.  A DD Form 398 (Statement of Personal History), dated 10 July 1964, was completed by the applicant upon his entry into the AUS.

	a.  It shows in:

* item 1 (First Name - Middle Name - Last Name):  "Louis W-----"
* item 3 (Alias(es), Nickname(s), or Changes in Name):  "None"

	b.  The applicant signed the document "Louis W-----."

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) in part:  "W-----, Louis."

5.  1st Cavalry Division (Airmobile) Special Orders Number 127, dated 7 May 1966, released the applicant from active duty on 6 May 1966, transferred him to the U.S. Army Reserve (USAR), and ordered him to active duty on 7 May 1966.  The orders show his name as "W-----, Louis."

6.  A DD Form 214 shows the applicant entered active duty on 7 May 1964, he was honorably released from active duty (REFRAD) on 6 May 1966, transferred to the USAR, and ordered to active duty in a USAR status.

	a.  He completed 2 years of net active service this period.

	b.  It shows in item 1 (Last Name - First Name - Middle Name):  "W-----, Louis."

7.  A DD Form 214 shows the applicant entered active duty on 7 May 1966, he was honorably REFRAD on 14 June 1966, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 month and 8 days of net active service this period.

	b.  It shows in item 1:  "W-----, Louis."
8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  It states that 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.

   b.  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, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It shows for item 1:  "enter last name, first name, and full middle name or names, if any."

DISCUSSION AND CONCLUSIONS:

1.  Records show that upon entry into the Army, the applicant's name was recorded as "Louis W-----."  In fact, the Statement of Personal History the applicant completed shows he reported this was his name, he had no middle name or aliases, and he signed the document "Louis W-----."

2.  The applicant's military service records consistently reflect his name as "Louis W----" throughout the entire period of his military service.

3.  There is no evidence the applicant requested an official name change at any time during his period of military service.

4.  The applicant provides a copy of his Social Security card that shows the name "Omar Louis W------" and the signature "Omar L. W----- III."  However, this document offers insufficient evidence to support a change of the name recorded in the applicant's military service records.

5.  In view of all of the foregoing, there is no basis for granting the requested relief.

6.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.


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)                                         AR20110014696



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ABCMR Record of Proceedings (cont)                                         AR20110014696



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