BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015842 


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 correct first name.

2.  The applicant states his birth name is "Aloysius D____ M____."  However, his first name is incorrectly recorded on his separation document as "Lossie."

3.  The applicant provides copies of his social security card and New York State Department of Motor Vehicles Interim Identification (ID) 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.  A DD Form 1966 (Application for Enlistment – Armed Forces of the United States) prepared and certified by the applicant on 11 July 1980 and recertified by him on 18 July 1980 shows his name as "Lossie D____ M____."  Section X (Statement of Name for Official Military Records) shows, "I hereby state that I have not changed my name through any court or other legal procedure, that I prefer to use the name of 'Lossie D____ M____' by which I am known in the community as a matter of convenience and with no criminal intent.  I further state that I am the same person as the person whose name is shown in block 2 (Name).  My Social Security Account Number reflects the name 'Aloysues D. M____.'  Birth Certificate reflects the name 'Aloysius D____ M____'."  It also shows his name was verified by his Birth Certificate and that he signed the form in several places with the name "Lossie D. M____."

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 14 July 1980 for a period of 6 years and he further enlisted in the Regular Army (RA) on 18 July 1980 for a period of 3 years.  It also shows:

   a.  in item 1 (Name:  Last - First – Middle):  "M____, Lossie D____" and 

   b.  the applicant signed the form with the signature "Lossie D____ M____."

4.  The applicant's military service records consistently show the name "Lossie D____ M____."

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 18 July 1980 and he was honorably discharged on 1 October 1980 under the provisions of the Trainee Discharge Program.  He completed 2 months and 14 days of net active service this period and 4 days of total prior inactive service.  It also shows in item 1 (Name:  Last –
First – Middle):  "M____, Lossie D____."

6.  In support of his application the applicant provides the following documents.

   a.  	His social security card that shows his name as "Aloysius D____ M____."

   b.  New York State Department of Motor Vehicles Interim ID Card (issued on 3 October 2005 with an expiration date of 1 January 2006) that shows his name as "M____, Aloysius D."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the first name recorded in his military service records should be corrected because it does not correspond with the first name on his birth certificate and Social Security card.

2.  The evidence of record shows that upon processing for entry into military service the applicant reported that his preferred first name was "Lossie" and that first name was recorded in his military service records when he enlisted in the USAR and RA.  Thus, for reasons that are not known, the applicant chose to use the first name "Lossie" during his military service.

3.  The applicant's military service records clearly show his preferred first name (i.e., "Lossie") and that he signed numerous documents using that same first name.  In addition, the applicant's preferred first name was consistently recorded in his official military service records, including on his DD Form 214 when he was discharged from military service.

4.  The documents provided by the applicant offer insufficient evidence to warrant a change to the first name in his official military service records.

5.  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 his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

6.  In view of the foregoing, there is no basis for granting his requested relief.

7.  The applicant is advised that a copy of this decisional document, which confirms his correct first name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and the first name recorded on other official records.


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)                                         AR20140015842



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ABCMR Record of Proceedings (cont)                                         AR20140015842



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