Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120021300
Original file (20120021300.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021300 


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 (Certificate of Release or Discharge from Active Duty) to show his middle name as "Lonzo."

2.  He states his middle name is entered as "Lee" on his DD Form 214, but it should be "Lonzo."

3.  He provides:

* DD Form 214
* birth certificate
* 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.  On 12 January 1978, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP).  The DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) completed at that time shows his middle name as "Lonzo."

3.  On 28 June 1978, he was discharged from the DEP for immediate enlistment in the Regular Army (RA).  On 29 June 1978, he enlisted in the RA.

4.  On 14 April 1982, he reenlisted.  Item 1 (Name) of the DD Form 4 completed at that time shows his middle name as "Lee."  He signed the form twice using the middle name "Lonzo."

5.  On 12 April 1985, he was honorably discharged from the RA.  Item 1 (Name) of his DD Form 214 shows his middle name as "Lee."

6.  On 5 April 1986, he enlisted in the USAR.  The DD Form 4 completed at that time shows his middle name as "Lonzo."

7.  On 31 March 1992, he was honorably discharged from the USAR.  His discharge orders show his middle name as "Lonzo."

8.  He provides a certificate of live birth and social security card showing his middle name as "Lonzo."

DISCUSSION AND CONCLUSIONS:

The applicant's records contain no evidence indicating he used or intended to use a middle name other than "Lonzo" during his military service.  The evidence of record shows his middle name was erroneously entered as "Lee" when he reenlisted in 1982, and it appears this erroneous entry became the basis for the entry in item 1 of his DD Form 214.  In view of the available evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his middle name as "Lonzo."



BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 1 of his DD Form 214 to show his middle name as "Lonzo."



      ____________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)                                         AR20120021300



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021300



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140021484

    Original file (20140021484.txt) Auto-classification: Denied

    The applicant requests correction of item 1 (Name (Last, first, middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first and middle names "Michael Scott" instead of "Scott Michael." The evidence of record shows the applicant served in the RA, USAR, and WAARNG using the first and middle names "Scott Michael." There is no evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were...

  • ARMY | BCMR | CY2011 | 20110000048

    Original file (20110000048.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110017846

    Original file (20110017846.txt) Auto-classification: Approved

    The applicant requests: a. correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 August 1974 to show his first name as Lutha and his date of birth (DOB) as 7 March 1956; and b. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 1982 to add his middle name of Lee. His DD Form 4 and DD Form 4c (Enlistment or Reenlistment Agreement (Continuation Sheet) show the first and middle names as...

  • ARMY | BCMR | CY2011 | 20110003186

    Original file (20110003186.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Although he provided a birth certificate which does not list a middle name his service record shows he was inducted into the AUS and served on active duty using the middle name/middle initial of “Lee”/”L.” 2. ABCMR Record of Proceedings (cont) AR20090010900 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003186 3 ARMY BOARD FOR...

  • ARMY | BCMR | CY2008 | 20080017218

    Original file (20080017218.txt) Auto-classification: Approved

    The applicant states, in effect, that his DD Form 214 has an incorrect middle name; the state of his birth is Tennessee, and not Texas; and they gave him an incorrect service number. There is no evidence in the applicant's available service personnel records that shows he attempted to have his middle name or his Social Security Number changed or corrected while he served on active duty. The DD Form 4 that was completed when the applicant enlisted shows his service number as 9**-**-***2.

  • ARMY | BCMR | CY2014 | 20140019880

    Original file (20140019880.txt) Auto-classification: Approved

    The applicant requests correction of his Honorable Discharge Certificate, dated 4 January 1989, to show his first name as Brian vice Brain. Orders D-01-002845, dated 4 January 1989, issued by the USAR Reserve Personnel Center, honorably discharged him from the USAR effective 4 January 1989. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's first name was listed as Brian when he enlisted in the RA and was transferred to the USAR.

  • ARMY | BCMR | CY2012 | 20120007749

    Original file (20120007749.txt) Auto-classification: Denied

    The applicant states, in effect, he went to the Social Security Administration (SSA) and obtained a print-out to support his request to correct his military records to reflect that he enlisted under the wrong SSN. The SSN listed in his military records belongs to his father. Although he provided a print-out from the SSA verifying an individual with the same name that he uses was assigned SSN 5XX-XX-XXXX there is no evidence available to indicate he used this SSN while serving in the RA or USAR.

  • ARMY | BCMR | CY2011 | 20110008300

    Original file (20110008300.txt) Auto-classification: Denied

    The evidence of record shows at the time of the applicant's enlistment, at the time of release from active duty, and during the time that he served in the USAR he used the SSN that is listed on his DD Form 214. _______ _ 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) AR20110008300 3 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2014 | 20140015619

    Original file (20140015619.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as Jxxxx vice Lxxxxxx. Page 4 of his DD Form 4, dated 24 August 1982, shows his last name as Lxxxxxx. His DD Form 214 correctly shows his last name as Lxxxxxx, the name he held at the time he was released from active duty.

  • ARMY | BCMR | CY2014 | 20140020879

    Original file (20140020879.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His records also contain the following documents that list the spelling of his name as "Kelley" and an SSN where indicated: * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 1 July 1964, which does not list an SSN * DD Form 398 (Statement of Personal History), dated 30 August 1965, which lists his SSN as "XXX-X0-3XX4" * Special Orders Number 168, issued by Headquarters, 3rd...