IN THE CASE OF:	

		BOARD DATE:	  10 December 2015

		DOCKET NUMBER:  AR20150005948


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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first and middle names as “Gordon Linwood" instead of “Linwood Gordon." 

2.  The applicant states, in effect, the correction would help him avoid any concern or confusion should he need to apply for military benefits in the future.  As it currently stands, all other identification, including his driver's license, social security card, and medical insurance reflect his given name, "Gordon Linwood B___."  He is asking that his first and middle names be changed to match all of his other legal personal identification.

3.  The applicant provides copies of Congressional correspondence and his personal letter requesting reconsideration of his case.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130012244 on 1 April 2014.

2.  The applicant provides a new argument which was not previously considered and warrants consideration by the Board.

3.  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.

4.  The applicant enlisted in the Regular Army on 20 April 1977.  His enlistment agreement shows his first and middle names as "Linwood Gordon."

5.  He was honorably released from active duty on 18 April 1980.  His DD Form 214 shows his first and middle names as "Linwood Gordon."

6.  All documents in his records bearing his name show his first and middle names as "Linwood Gordon."

7.  He provided a City of Camden Department of Health Official Birth Certificate which shows his first and middle names as "Gordon Linwood."

DISCUSSION AND CONCLUSIONS:

1.  His new argument that the name change may help him obtain benefits has been noted; however, it is insufficient to change the Board's original decision in his case.

2.  The applicant's military service records show he served exclusively under the first and middle names of "Linwood Gordon."

3.  As was previously explained, 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 that the applicant now desires to record the first and middle names shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4.  The applicant is advised that a copy of this decisional document will be filed in his military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the first and middle names recorded in his military records and the first and middle names shown on his birth certificate.

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 to amend the decision of the ABCMR set forth in Docket Number AR20130012244, dated 1 April 2014.



      _______ _   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)                                         AR20120022197



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ABCMR Record of Proceedings (cont)                                         AR20150005948



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