IN THE CASE OF

		BOARD DATE:	    17 June 2014

		DOCKET NUMBER:  AR20130017722 


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 of Discharge) to show in:

* item 1 (Last Name, First Name, Middle Name), his first name as Lance vice Lanny and his middle name as Wayne vice Wallace
* item 6 (Date of Birth (DOB)), his DOB as 10 October 1939 vice 19 October 1939

2.  The applicant states he legally changed his first name from Lanny to Lance when he was 21 years of age.  This name appears in his social security and Medicare records and on his U.S. Passport.  His middle name and DOB are also incorrect on his DD Form 214.  He ignored the errors until 2008 when his travel plans required proof of military service to earn credit toward a travel purchase.  He requests a corrected copy of his DD Form 214 for future travel.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* birth certificate
* Medicare Health Insurance identification card
* Department of Veterans Affairs identification card
* driver's license
* U.S. Passport

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 completed a DD Form 398 (Statement of Personal History) in connection with his enlistment in the Regular Army wherein he listed his first name as Lanny, his middle name as Wayne, and his DOB as 10 October 1939.  He signed this form using the first name Lanny and the middle initial "W."

3.  He enlisted in the Regular Army on 21 November 1958.  His records contain the following documents showing his first and middle names and DOB as indicated below:

* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 21 November 1958, which lists his first and middle names as Lanny and Wayne and his DOB as 10 October 1939
* DD Form 93 (Record of Emergency Data), dated 21 November 1958, which lists his first and middle names as Lanny and Wayne and his DOB as 10 October 1939
* DA Form 24 (Service Record) for the period 21 November 1958 through 21 October 1960 which lists his first and middle names as Lanny and Wayne
* DA Form 20 (Enlisted Qualification Record) which lists his first and middle names as Lanny and Wayne and his DOB as 10 October 1939

4.  He was honorably released from active duty on 21 October 1960.  His DD Form 214 shows in:

* item 1 – his first and middle names as Lanny and Wallace
* item 6 – his DOB as 19 October 1939


5.  He provided copies of the following documents in support of his application:

* Department of Public Health Standard Certificate of Birth filed on 10 October 1939 showing his first and middle names as Lanny and Wayne and his DOB as 10 October 1939
* DD Form 214 showing his first and middle names as Lanny and Wayne and his DOB as 10 October 1939
* DD Form 215 for the period ending 21 October 1960  issued on 11 March 1963 correcting items 1 and 6 of his DD Form 214
* several identification cards listing the first name Lance, the middle initial "W," and a DOB of 10 October 1939

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* item 1 would list the last name, first name, and full middle name or names, if any
* item 6 would list the DOB as verified in the Soldier's record

DISCUSSION AND CONCLUSIONS:

1.  With respect to the middle name and DOB, the evidence shows the applicant was issued a DD Form 215 on 11 March 1963 correcting his middle name to read "Wayne" and his DOB to read "10 October 1939."  He already has a copy of this form.

2.  As for his request to change his first name from Lanny to Lance, the evidence of record shows he enlisted in the Regular Army on 21 November 1958 under the first name Lanny.  This first name is consistent with all documents in his military records as well as the birth certificate he provided.  There is no evidence of record and he did not provide sufficient evidence to show the first name listed on his DD Form 214 was not the first name he used at the time.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record the first name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

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 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)                                         AR20130017722



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ABCMR Record of Proceedings (cont)                                         AR20130017722



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