IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080008914
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, that his last name be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests that the Bronze Star Medal be added to his DD Form 214.
2. The applicant states that he changed his last name and the Bronze Star Medal was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214, a declaration of legal name change, and an award certificate for the Bronze Star Medal.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants DD Form 398 (Statement of Personal History) and his enlistment contract show his last name as H____. He enlisted in the Regular Army on 9 August 1968 for a period of 2 years. He served as an indirect fire crewman in Vietnam and was released from active duty on 20 June 1970.
3. Item 1 (Last Name-First Name-Middle Name) on the applicants DD Form 214 shows the last name H____. His DD Form 214 does not show the Bronze Star Medal as an authorized award.
4. All of the applicants service personnel records show the last name H____.
5. There are no orders for the Bronze Star Medal in the available records.
6. Item 41 (Awards and Decorations) on the applicants DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.
8. In support of his claim for a name change, the applicant provided a declaration of legal name change, dated 2 November 1987. He changed his last name to C____.
9. In support of his claim for award of the Bronze Star Medal, the applicant provided an award certificate for the Bronze Star Medal.
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.
2. The applicants enlistment contract and service personnel records show the last name H____. It appears he appropriately served on and was separated from active duty under the last name H____. He did not change his last name until 1987, 17 years after his separation. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records, in particular, the applicants DD Form 214. This Board action will be filed in the applicants military records so a record of his last name will be on hand.
3. There are no orders for the Bronze Star Medal in the available records. In the absence of orders, the award certificate provided by the applicant is not sufficient as a basis for amending his DD Form 214 to show this medal.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________xxx______________
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.
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