BOARD DATE:  9 January 2018

		DOCKET NUMBER:  AR20160007061


BOARD VOTE:

____x_____  __x_____  ____x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		
		BOARD DATE:  9 January 2018

		DOCKET NUMBER:  AR20160007061


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 the first name listed in item 1 (NAME (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and replacing it with the first name as shown on his DD Form 2648 (Preseparation Counseling Checklist).



                                    _____________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:  9 January 2018

		DOCKET NUMBER:  AR20160007061


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "LEV--" instead of "LAV--."  

2.  The applicant states, in effect, the spelling of his first name is incorrectly listed on his DD Form 214.

3.  The applicant provides:

* Birth Registration Card
* social security card
* State of Florida Commercial Driver License (CDL)

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.  As part of his enlistment processing, several documents were apparently prepared by the applicant's recruiter.  His record contains many of these documents to include DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), which he signed using the first name "LEV--."

3.  The applicant enlisted in the Regular Army on 1 October 1996.

4.  He was honorably released from active duty on 30 September 1999.  His DD Form 214 lists his first name as "LAV--."

5.  The applicant's official military records contain numerous documents listing his first name as "LAV--"; however, these documents are signed with the first name "LEV--."  His records also contain DD Form 2648 (Preseparation Counseling Checklist), dated 15 April 1999, which lists his first name and signature as "LEV--."

6.  The applicant provides his Birth Registration Card, social security card and State of Florida CDL, which list his first name as "LEV--."

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed 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 service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

The applicant signed his first name as "LEV--" on the documents contained in his official military records; however, it appears as "LAV--" on his DD Form 214.  The evidence appears to show an administrative error was carried from his recruitment and enlistment documents through the preparation of his DD Form 214.      

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160007061



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160007061



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2