BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140005165 


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 military records to show his first name as Larrie instead of Larry.

2.  The applicant states he did not know the name would affect his benefits.

3.  The applicant provides:

* Birth certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Passport
* Social security card
* Driver License

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 served in the Regular Army (RA) from 9 August 1977 to 22 January 1990 and in the Alabama Army National Guard (ALARNG) from 11 March 1990 to 16 May 1997.

3.  His initial enlistment and subsequent reenlistments in the RA are not available for review with this case.  However, all documents pertaining to his RA service listed his first name as Larry.  He authenticated some of these documents where required, using this first name.  They include:

* DA Form 2-1 (Personnel Qualification Record)
* DD Form 1172 (Application for Uniformed Services Identification Card) 
* DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty)
* Certificate of training/diploma for the Automated Data Telecommunication Center Operator Course
* Orders awarding him the Army Achievement Medal
* Diploma for the Primary Leadership Development Course

4.  He was honorably discharged from active duty on 22 January 1990.  Item 1 (Name (Last-First-Middle)) of his DD Form 214 listed his first name as Larry.  He authenticated this form with his signature using this first name.

5.  He enlisted in the U.S. Army Reserve on 23 January 1990.  His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents listed his first name as Larry.

6.  He enlisted in the ALARNG on 11 March 1990.  He also executed a 3-year extension on 10 March 1997.  His enlistment and extension documents both listed his first name as Larry. 

7.  All documents pertaining to his ARNG service listed his first name as Larry.  He authenticated some of these documents where required, using this fist name. They include: 

* DA Form 2-1
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* SGLV 8286 (Servicemen's Group Life Insurance Election and Certificate)
* DD Form 93 (Record of Emergency Data)
* Notification of Eligibility for Retired Pay at Age 60 
* DD Form 1883 (Survivor Benefit Plan Election Certificate)
8.  He was transferred to the Retired Reserve on 16 May 1998.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) also listed his first name as Larry. 

9.  He provides a certificate of live birth of an individual with a similar name but the first name is spelled as Larrie.  He also provides copies of a passport, a driver license, and a social security card of the same individual, all listing the first name as Larrie. 

10.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's 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 evidence of record shows during his service in the RA and subsequent service in the ARNG, the applicant listed and/or used the first name Larry.  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 correct.  There is no evidence he used the requested first name at any time during his military service.

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 a different first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

3.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214 and NGB Form 22, 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.

4.  A copy of this Record of Proceedings will be filed in his Official Military Personnel File to clarify the different spellings 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)                                         AR20140005165





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ABCMR Record of Proceedings (cont)                                         AR20140005165



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