BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140003995
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his first name as "Laurence" instead of "Lawrence."
2. The applicant states his first name is misspelled.
3. The applicant provides his DD Form 214 and a certificate of 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his first name as "Lawrence."
3. He was inducted into the AUS on 22 May 1967. His DD Form 47 (Record of Induction) listed his first name as "Lawrence." His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, also listed his first name as "Lawrence." He reviewed this form and authenticated it with his signature using this first name.
4. His service record contains multiple documents, including the following documents that show his first name as "Lawrence." He authenticated those documents requiring his signature with the same name:
* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Assignment, reassignment, and separation orders
* Standard Form 89 (Report of Medical History)
* Fingerprint Card
* National Agency Check Request
5. He was honorably released from active duty on 22 February 1969. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 listed his first name as "Lawrence." He authenticated this form with his signature using this same name.
6. He provides a birth certificate of an individual with a very similar name and date of birth but the first name is spelled as "Laurence."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his induction into the AUS in 1967 the applicant listed his first name as "Lawrence." This first name is consistent with the first name on all documents in his service record. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correctly listed. There is no evidence he used the requested spelling of first name at any time during his military service.
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 the applicant desires to now record his first name in his military records as it is listed on his birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change them. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. However, a copy of this Record of Proceedings will be filed in his official records to clarify the difference in the spelling of his first name.
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) AR20140003995
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ABCMR Record of Proceedings (cont) AR20140003995
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