IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010241 


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 (Report of Separation from Active Duty) to show his middle name as "Leonard" instead of "Lenard."  He also requests correction of his DD Form 214 to show he enlisted on 10 January 1975.

2.  The applicant states his middle name and enlistment date are incorrect.

3.  The applicant provides:

* DD Form 214 (Report of Separation from Active Duty)
* DA Form 2-1 (Personnel Qualification Record)
* Social Security card

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.  The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Army National Guard (ARNG) on 10 November 1975, with no prior service.

3.  All documents in the applicant's file, to include his DA Form 2-1, show the spelling of his middle name as "Lenard."

4.  The applicant's record contains a DD Form 214 that shows he entered active duty for training (ADT) on 25 January 1976.  He was released from ADT on
7 May 1976 under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), paragraph 5-17, and he was issued a separation program designator (SPD) code of MCD that indicates he was honorably released from ADT upon completion of MOS training.  He completed 3 months and 13 days of net active service this period.  He was reverted to the ARNG of Florida.

5.  The applicant provides a copy of his Social Security card that shows his middle name as "Leonard."  He also provides a copy of a DA Form 2-1, that is not contained in his record, that shows the spelling of his middle name as "Leonard."  However, this spelling is lined out and replaced with the middle name "Lenord."  Item 35 (Record of Assignments) of this document lists his effective date of enlistment (in the ARNG) as 10 January 1975.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.  Item 15 (Date Entered Active Duty This Period) shows the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his record to show his middle name as "Leonard" instead of "Lenord" and to show he enlisted on 10 January 1975 has been carefully examined and found to be without merit.

2.  The applicant's DD Form 214 and all other available service documents contained in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), list the spelling of his middle name as "Lenard" or "Lenord."

3.  The fact that he provides a copy of his Social Security card and now requests to list his middle name as "Leonard" is duly noted; however, this does not change the conditions and circumstances that existed at the time his AMHRR was created.

4.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to correct the spelling of his middle name in his records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

5.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.  This should serve to clarify any questions that may arise regarding the different spelling of his middle name as recorded in his military records and to satisfy his desire to have his middle name documented in his AMHRR.

6.  With regard to changing the applicant's enlistment date, his enlistment contract shows the applicant, having no prior service, enlisted in the ARNG on  10 November 1975.  He entered ADT on 25 January 1976 and he was honorably released from ADT on 7 May 1976 and reverted to the control of the ARNG.  The evidence shows his date of enlistment and date of entry on active duty are correctly shown on his DD Form 4 and DD Form 214, respectively.  Therefore, there is no basis for changing the respective dates.

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)                                         AR20120010241



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ABCMR Record of Proceedings (cont)                                         AR20120010241



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