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ARMY | BCMR | CY2014 | 20140005176
Original file (20140005176.txt) Auto-classification: Denied

	IN THE CASE OF:  	  

	BOARD DATE:  23 October 2014	  

	DOCKET NUMBER:  AR20140005176


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 (Certificate of Release or Discharge from Active Duty) by showing his first name spelled without the letter "L."

2.  The applicant states the correct spelling of his first name is without the letter "L."  He is having problems with the Social Security Administration and other agencies regarding his name and income.

3.  The applicant indicates he submitted a copy of his birth certificate with this application.  However, it was not received.

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.  On 24 February 1986, the applicant enlisted in the Regular Army using a spelling of his first name that included the letter "L."

3.  A review of the applicant’s Official Military Personnel File (OMPF) shows that every document in his record uses this same spelling of his first name under which he enlisted.  Those documents include:

* DD Form 4/1/2/3 (Enlistment/Reenlistment document – Armed Forces of the United States)
* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* DA Form 2-1 (Personnel Qualification Record – Part II)

4.  A review of signed documents in the applicant’s OMPF showed he consistently used the letter "L" when signing his first name.

5.  The applicant’s DD Form 214 shows he was released from active duty on 
30 August 1988.  His first name is spelled with the letter "L."  His signature on this document uses the letter "L."

6.  Army Regulation 635-5 (Separation Documents) at the time provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his first name spelled without the letter "L."

2.  The available evidence clearly shows the applicant consistently used the letter "L" when spelling or signing his first name.  Furthermore, he has not provided any documentary evidence showing this was not the correct spelling of his first name.  

3.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his first name documented in his  record.

5.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140005176



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