IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120008166
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 first name shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. He states his legal first name is "Cxxxxxx." His mother let him enlist as "Lxxx." He has his birth certificate and a legal letter with his full name. He indicates he wants all of his legal records to be under the name of "Cxxxxxx Lxxx Mxxxxxx."
3. He provides:
* his DD Form 214
* his Certification of Birth
* a signature page from a legal document
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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents he provides.
3. The DD Form 214 he provides shows he enlisted in the Regular Army on 12 October 1949 and served until he was honorably discharged on 21 January 1953. Item 1 (Last Name First Name Middle Name) shows his first name as "Lxxx."
4. He provides a Certification of Birth showing his first name is "Cxxxxxx" and his middle name is "Lxxx."
5. He provides the signature page of a notarized legal document he signed on 27 October 2011. This document refers to him as "Lxxx Mxxxx, [also known as] Cxxxxxx Lxxx Mxxxxx." He signed this document as "Lxxx Mxxxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to correct the first name shown on his DD Form 214.
2. Although he provides a birth certificate confirming his first name is "Cxxxxxx," he states he enlisted using the first name of "Lxxx," and his DD Form 214 shows he was discharged under the first name of "Lxxx." In the absence of evidence showing otherwise, it must be presumed he used the first name of "Lxxx" the entire period that he served.
3. 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. It is understandable the applicant desires to record his first name in his military records as it is shown on his Certification of Birth; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. This Record of Proceedings will be filed in his reconstructed military record maintained by NPRC. This will provide clarity and to deal with any confusion that might arise regarding the difference in his first name. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served.
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) AR20120008166
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ABCMR Record of Proceedings (cont) AR20120008166
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