BOARD DATE:  6 February 2018

		DOCKET NUMBER:  AR20160008909


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:  6 February 2018

		DOCKET NUMBER:  AR20160008909


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:  6 February 2018

		DOCKET NUMBER:  AR20160008909


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 and middle names as "Larry David" instead of "David Larry."

2.  The applicant states, in effect, his first and middle names are reversed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a social security card, Department of Veterans Affairs identification card, Certificate of Birth, and State of Indiana Chauffeur 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 enlisted in the Regular Army (RA) on 23 September 1980.  
Item 1 NAME (Last – First – Middle) of his DD Form 4/1 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows his first and middle names as "David Larry."  He signed this document with the same name.

3.  Every document in the applicant's Military Personnel Records Jacket shows his first and middle names as "David Larry." 

4.  The applicant was honorably released from active duty on 22 September 1983.  Item 1 (NAME (Last - First - Middle)) of his DD Form 214 shows his first and middle names as "David Larry."  

5.  The applicant provides documents showing his first and middle names as "Larry David." 

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:

1.  Upon his enlistment in the RA on 23 September 1980, the applicant used the first and middle names "David Larry." This is consistent with the name on every document in his service record.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  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.  

3.  A copy of this decisional document will be filed in the applicant's military records.  This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served.  
  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20160008909



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20160008909



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2