IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004983
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 the spelling of his middle name be changed from Lewxx to Louxx on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the correct spelling of his middle name is Louxx.
3. He provides his Iowa driver license, 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 applicant was inducted into the Army of the United States on 30 March 1971. His Army Military Human Resources Record (AMHRR) contains the following documents:
* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* Police Record Check
* DA Form 428 (Application for Identification Card), dated 1 April 1971
* DD Form 1584 (National Agency Check Request), dated 31 March 1971
* VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated
19 November 1971
3. The above documents and all other documents contained in his OMPF requiring a middle name show the spelling of his middle name as "Lewxx."
4. He served 2 years on active duty and was honorably released from active duty on 29 March 1973. Item 1 (Last Name, First Name, Middle Name) of his
DD Form 214 shows his middle name as "Lewxx."
5. He provided a copy of his birth certificate and Iowa driver's license showing the spelling of his middle name as "Louxx."
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of, release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record shows he served in the Army 2 years with the spelling of his middle name as "Lewxx." These documents include his Record of Induction, Statement of Personal History, Police Record Check, Request for National Agency Check, and Servicemen's Group Life Insurance Election. Therefore, the spelling of the middle name on his DD Form 214 is consistent with the spelling of his name throughout his period of military service.
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. While it is understandable the applicant desires to now record the spelling of his middle name in his military records as it is listed on his driver license and birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the spelling of the middle name recorded in his military record and to satisfy his desire to have his middle name documented in his AMHRR as it is listed on his birth certificate.
4. In view of the foregoing, there is no basis for granting his requested relief.
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) AR20120004983
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ABCMR Record of Proceedings (cont) AR20120004983
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