IN THE CASE OF: BOARD DATE: 4 August 2011 DOCKET NUMBER: AR20110002606 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) to show his name as L____ A____ C__ETTE rather than L____ A____ C__ET R____. 2. The applicant states the name entered on his DD Form 214 is incorrect. He was not present when the DD Form 214 was prepared and he has not received an official or certified copy of his DD Form 214. 3. The applicant provides a copy of 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 records for L____ A____ C__ET R____ show he enlisted in the Regular Army on 3 April 1985 and was permanently retired on 23 August 1988 due to a physical disability. 3. All of the available service personnel and medical records, including his DD Form 214, show the name L____ A____ C__ET R____ or a shortened version thereof. 4. Copy 2 (Service) of the DD Form 214 is signed in item 21 (Signature of Member Being Separated) by L____ A. C. R____. DISCUSSION AND CONCLUSIONS: 1. The applicant provided no evidence that L____ A____ C__ETTE and L____ A____ C__ET R____ are one and the same person or that he legally changed his name at some point while on active duty. 2. Furthermore, even if they are one and the same, the record shows enlistment and service exclusively under the name L____ A____ C__ET R____. The applicant provided no evidence to show this was not his legal name during his period of active duty. 3. 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. There is insufficient evidence or a compelling reason for compromising the integrity of the Army's records at this late date. 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 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) AR20110002606 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002606 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1