IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20130000412
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 "Lugene" instead of "Eugene."
2. He states he told the clerk the day he received his DD Form 214 his name was wrong. The clerk told him he should submit a request to have it changed. He states his former employer requires the correction to process his pension.
3. The applicant provides a State of Mississippi Standard Certificate of Live Birth, his DD Form 214, a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), and his Michigan Identification 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 4 June 1968, the applicant was inducted into the Army of the United States.
3. On 15 March 1971, he was discharged. His DD Form 214 shows his first name as "Eugene."
4. All documents in his record bearing his name show the first name "Eugene."
5. He provides a State of Mississippi Standard Certificate of Live Birth and a Michigan Identification Card, issued on 26 September 2012, showing his first name as "Lugene."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the first name "Eugene."
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 that the applicant now desires to record the first name shown on his Certificate of Live Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion in regard to the difference between the first name recorded in his military record and the first name shown on his Certificate of Live Birth.
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.
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ABCMR Record of Proceedings (cont) AR20130000412
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