BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018485 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018485 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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018485 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 record to show his first name as Luxxxxx instead of Laxxxxx. 2. The applicant states his military record incorrectly documents the spelling of his first name. 3. The applicant provides: * Standard Form 180 (Request Pertaining to Military Records) * copies of his Minnesota Driver’s License, Medicare Health Insurance and Social Security Number (SSN) cards * DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) * Certificate of Birth * National Personnel Records Center (NPRC) Letter, dated 15 October 2015 * Service Request (2 pages) * Rice County Veterans Service Letter, dated 30 September 2015 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. On 21 June 1970, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) lists the first name that he now claims is incorrect. 3. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty list the first name he claims is incorrect. All documents contained in his Official Military Personnel File (OMPF) list the same first name he now claims is incorrect. 4. The applicant was honorably released from active duty in the rank of specialist four/E-4 on 24 August 1971. The DD Form 214 issued to him at that time lists his first name as "Laxxxxx" and he authenticated this document by signing that same name. 5. He provides a Certificate of Birth Record issued on 29 September 2015, and copies of his Minnesota Driver’s License, Medicare Health Insurance, and SSN Cards all issued subsequent June 2015 each showing the first name as Luxxxxx, which he now claims is correct. REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The applicant contends his first name is incorrectly listed throughout his military record. However, the evidence of record shows he was inducted into the Army of the United States and performed his entire military service under the first name he now claims is incorrect and he authenticated all documents requiring a signature with the same first name. 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 he now desires to record the name shown on his certificates of birth and baptism 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. He is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the names recorded in his military records and to satisfy his desire to have his true name documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018485 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018485 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2