IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001867
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his first name as Lewis.
2. The applicant states that his DD Form 214 incorrectly reflects his first name as Louis.
3. The applicant provides copies of his DD Form 214, birth certificate, a disability form and job attendance records.
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 8 June 1966. At the time of his induction his records, to include those documents completed by the applicant were prepared to reflect the first name (Louis) that is reflected on his DD Form 214.
3. He completed basic training at Fort Polk, Louisiana and was transferred to Fort Dix, New Jersey to undergo training as a cook.
4. The applicant went absent without leave (AWOL) on 6 November 1968 and remained absent in a desertion status until he was returned to military control on 22 July 1974.
5. On 2 October 1974, he was discharged under other than honorable conditions at Fort Benjamin Harrison, Indiana for the good of the service by reason of willful and persistent unauthorized absence pursuant to Presidential Proclamation #4313. He had served 10 months and 28 days of active service and had 2,236 days of lost time due to being AWOL. His DD Form 214 issued at the time of his discharge reflects the first name he served all of his service under and he signed it accordingly.
6. The applicant now provides a copy of his birth certificate showing the spelling of his first name as Lewis.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted his first name was reflected in his records as is reflected on his DD Form 214. He served all of his service under that first name and he has not offered any explanation as to why he served under that first name. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 the applicant desires to now record his current first name as shown on his personal documents in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his first name as shown on his birth certificate documented in his 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) AR20150001867
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ABCMR Record of Proceedings (cont) AR20150001867
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