IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140005876
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 or Discharge) to show his middle name as V___ vice Lav___.
2. The applicant states the middle name listed on his DD Form 214 is incorrect. His birth certificate clarifies that his actual middle name is V___.
3. The applicant provides his DD Form 214, birth certificate, 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 was inducted into the Army of the United States (AUS) on 4 March 1969. His DD Form 47 (Record of Induction), dated 4 March 1969, shows his middle name as Lav___.
3. On 4 March 1969, he completed a U.S. Army Recruiting Command (USAREC) Form 180 (Acknowledgement of Service Obligation) wherein his middle name is shown as Lav___. He authenticated this form by placing his signature in the appropriate block with his middle name as Lav___.
4. His record contains several personnel and legal documents, to include a DD Form 93 (Record of Emergency Data), dated 11 September 1969; a DD Form 98 (Armed Forces Security Questionnaire), dated 11 September 1969; and a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 27 October 1970, that all show his middle name as Lav___.
5. On 27 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 shows his middle name as Lav___. He authenticated this form by placing his signature in the appropriate block on that date.
6. The applicant provides a:
* State of Ohio Certification of Birth, issued 20 May 2011, which shows an individual with the same first and last name as the applicant has the middle name of V___
* social security card, which shows an individual with the same social security number as the applicant has the middle name of V___
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's middle name was listed as Lav___ upon his induction into the AUS. This is the middle name he used throughout his period of military service and it is properly shown on his DD Form 214. He authenticated several documents by placing his signature in the appropriate block indicating this middle name was correct. He did not use the middle name that he now claims during his period of 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 that he now desires to record a different middle name in his 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 his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his middle name listed as it is on the forms he provided.
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) AR20140005876
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ABCMR Record of Proceedings (cont) AR20140005876
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