BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021870 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her:

* middle name as LaShon vice Lashown
* date of birth (DOB) as 24 February 1972 vice 14 January 1970

2.  The applicant states her middle name and DOB are inaccurate on her DD Form 214 and they need to be fixed for future purposes. 

3.  The applicant provides her DD Form 214, a birth certificate, a State of Texas Driver License, and 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 enlisted in the U.S. Army Reserve (USAR) on 26 June 1995.  Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her middle name as Lashown and her DOB as 24 February 1970.  She authenticated this form by placing her signature in the appropriate block, indicating this middle name and DOB were correct.  

3.  On 12 July 1995, she entered active duty for training (ADT).  On 14 July 1995, she completed a Servicemen's Group Life Insurance Election and Certificate form, wherein her middle name was listed as Lashown.  This form does not show her DOB.  She authenticated this form by placing her signature in the appropriate block using the middle name Lashown.  

4.  On 15 November 1995, she was released from active duty to the control of her USAR unit.  Item 1 (Name) of her DD Form 214 shows her middle name as Lashown and item 5 (DOB) shows her DOB as 14 January 1970.

5.  Orders D-07-324749, issued by the U.S. Army Reserve Personnel Command on 1 July 2003, honorably discharged her from the USAR.  These orders show her middle name as Lashown; they do not show her DOB.

6.  Her record is void of documentation that shows she used "LaShon" as her middle name, or "24 February 1972" as her DOB at any time during her period of military service.

7.  She provides:

* a City of Dallas Certification of Vital Record, issued 1 October 1999, which shows an individual with the same first and last name as the applicant has the middle name of LaShon and DOB as 24 February 1972
* State of Texas Driver License, which shows an individual with the same first name as the applicant has a DOB of 24 February 1972
* a social security card, which shows an individual with the same social security number as the applicant has the middle name of LaShon

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant listed her middle name as Lashown when she enlisted in the USAR.  This is the middle name she used during her active duty and USAR service and it is properly shown on her DD Form 214.  It is unclear what DOB she used during her active duty service as her DD Form 214 shows her DOB as 14 January 1970.  However, it is clear that she did not use the middle name or DOB she now claims during her active duty.  

2.  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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that she now desires to record a different middle name and DOB in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in her Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the spelling of her middle name and DOB recorded in her military record and to satisfy her desire to have the spelling of her middle name and DOB as listed on the forms she provided.

4.  In view of foregoing, there is insufficient evidentiary basis for granting the applicant's requested relief.

IBOARD 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)                                         AR20130021870





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ABCMR Record of Proceedings (cont)                                         AR20130021870



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