IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017469
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 spelling of his middle name on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his middle name is spelled "Louxx" vice "Lewxx."
3. He provides copies of his birth certificate 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military record shows he enlisted in the Delayed Entry Program on 17 February 1977. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 17 February 1977, shows his middle name spelled as "Lewxx." He signed this form and all other enlistment documents using "Lewxx" as his middle name.
3. He enlisted in the Regular Army (RA) on 21 March 1977.
4. He reenlisted in the RA on 8 October 1979. His DD Form 4, dated 8 October 1979, shows his middle name is spelled "Lewxx." He signed his middle name as "Lewxx."
5. He was discharged on 9 February 1983.
6. Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows his middle name is spelled "Lewxx." All documents located in his official military personnel file show his middle name is spelled "Lewxx" or he used the initial "L."
7. He provided a copy of a birth certificate filed on 20 March 1958. The certificate show an individual with the same first and last names as the applicant with a middle name spelled "Louxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA using the middle name spelled "Lewxx." Throughout his period of service he either used the middle name spelled "Lewxx" or the initial "L."
2. In his case, his DD Form 214 reflects his middle name as it was entered on his enlistment documents and the middle name under which this military service was performed.
3. While his desire to have his records changed is understandable there is no basis for compromising the integrity of the Army's records. The Army has an interest in maintaining the integrity of its records for historical purposes. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding the different middle names.
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) AR20110017469
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ABCMR Record of Proceedings (cont) AR20110017469
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