BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006093
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 first name from Loren to Lorenzo.
2. The applicant states it was incorrectly typed on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides a forwarding letter from the State of Illinois, Department of Veterans Affairs; an AARP membership card, and his DD Form 214.
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 on 14 July 1966 using the first name "Loren" that was used exclusively during his period of active duty service. The name Lorenzo does not appear anywhere in his record.
3. He was honorably separated on 21 April 1968 and transferred to the U.S. Army Reserve in pay grade E-4. His DD Form 214 shows his first name as Loren.
4. The applicant provided a forwarding letter and an AARP membership card that shows his first name as Lorenzo.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted and served on active duty using the name currently recorded in his military records.
2. 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.
3. The applicant is advised that a copy of this decisional document, will be filed in his Army record. This should serve to clarify any questions or confusion in regard to the difference in his first name and the one recorded in his military record, and to satisfy his desire to have his correct name documented in his record.
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.
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