IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000642
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 amendment to his DD Form 214 (Armed Forces of the United States Transfer or Discharge) to show his middle name as Louis.
2. The applicant states his middle name is incorrectly shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Michigan Driver License, and Certificate of Live Birth.
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. He enlisted in the Regular Army on 11 January 1961. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his middle name as Lewis. He was honorably released from active duty on 10 February 1964.
3. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows the same middle name listed on his DD Form 4.
4. He provides copies of his driver license that shows his middle name as Lewis. He also provides a handwritten Certificate of Live Birth that appears to show the middle name could be either Louis or Lewis.
5. The other military documents contained in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), show he served and was released from the Army under the same middle name as shown on his DD Form 214. There is no evidence in his service personnel records that shows served under any other middle name.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in and he was released from active duty with the middle name that is shown in his AMHRR and on his DD Form 214. There is no evidence to show his middle name was incorrectly transcribed at the time of entry. Therefore, his DD Form 214 is correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
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 the applicant desires to now record his correct middle name in his military records, 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 middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his AMHRR.
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) AR20130000642
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ABCMR Record of Proceedings (cont) AR20130000642
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