BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003874
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 "Larry" instead of "Lawrence."
2. The applicant states, in effect, an error resulted in the incorrect first name being entered on his DD Form 214. He further states he is having trouble with Social Security/Medicare applications because of his wrong first name on his DD Form 214.
3. The applicant provides:
* DD Form 214
* State of Minnesota Certificate of Birth
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 applicant's record contains a DD Form 398 (Statement of Personal History), dated 26 January 1971, that he completed during his induction processing. Item 1 (First Name, Middle Name, Last name) of this form shows he entered his first name as "Larry."
3. A review of documents contained in the applicant's military personnel records shows his first name appears as both "Larry" and "Lawrence" on several documents dated throughout his military service.
4. On 24 January 1973, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 27 days of total active service. Item 1 (Last name, First Name, Middle Name) of the DD Form 214 he was issued at the time shows his first name as "Lawrence."
5. The applicant provides a copy of his Certificate of Birth that shows his first as "Larry."
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated for item 1, enter last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his first name as "Larry" was carefully considered and determined to have merit.
2. Although the applicant's first name appears as both "Lawrence" and "Larry" in his military personnel records, the applicant's record contains a DD Form 398 and the applicant provides his Certificate of Birth that show his first name as "Larry." Therefore, his DD Form 214 should be corrected to show his first name as "Larry."
BOARD VOTE:
_x____ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by deleting from item 1 of his DD Form 214 the first name entry of "Lawrence" and replacing it with the first name entry of "Larry" as shown on his DD Form 398.
__________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) AR20120003874
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ABCMR Record of Proceedings (cont) AR20120003874
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