BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130014205 


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 the correct spelling of his middle name as Lewis.

2.  The applicant states:

* his middle name is Lewis not Louis
* when applying for service in the Army the recruiter spelled his middle name incorrectly

3.  The applicant provides:

* birth certificate
* 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's DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his middle name is Lewis.  He enlisted in the Regular Army on 
3 March 1966 for a period of 3 years.  He served as a pay and disbursing specialist in Vietnam and he was released from active duty on 28 February 1969. 

3.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name is Louis.

4.  He provides his birth certificate which shows his middle name is Lewis.

DISCUSSION AND CONCLUSIONS:

The applicant contends his middle name is Lewis and his enlistment contract and birth certificate support this contention.  Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 to show his middle name is Lewis.

BOARD VOTE:

___X__  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 






deleting the middle name entry in item 1 of his DD Form 214 and replacing it with the entry "Lewis."



      ___________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)                                         AR20130014205





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ABCMR Record of Proceedings (cont)                                         AR20130014205



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