BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130018841 


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 his middle name as "Leroy" instead of "Lewis."

2.  The applicant states his middle name is wrong on his DD Form 214.

3.  The applicant provides his certificate of birth and driver license.

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 47 (Record of Induction) shows he was inducted into the Army of the United States on 25 February 1964 under the middle name "Leroy."
3.  Several official documents contained in his record show his middle name as 
"Leroy."

4.  He was released from active duty on 10 February 1966.  His DD Form 214 shows in item 1 (Last Name – First Name – Middle Name) his middle name as "Lewis."

5.  The Indiana State Department of Health, Certificate of Birth he submitted shows his middle name as "Leroy."

6.  He submitted his New York State Driver License, that shows his middle initial ad "L."

7.  Army Regulation 635-5 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation also establishes standardized policy for preparation of the DD Form 214.  The instructions for completing item 1 state to enter the name as it is recorded in the military record.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was inducted using the middle name of "Leroy."  This is consistent with the middle name that is contained in his official military records throughout his military service.  The available evidence is sufficient to correct his DD Form 214 to show his middle name as "Leroy."

BOARD VOTE:

___X_____  ____X____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 from item 1 of his DD Form 214 the current middle name entry and replacing it with the middle name entry as Leroy as shown on his DD Form 47.



      __________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)                                         AR20130018841





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ABCMR Record of Proceedings (cont)                                         AR20130018841



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