IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100000761
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his first name and to show award of the Expert Infantryman Badge (EIB).
2. The applicant states it was just brought to his attention that his name is spelled wrong on his DD Form 214 and that his EIB is missing.
3. The applicant provides copies of his birth certificate and social security card.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel reiterates the applicant's request.
2. Counsel states the applicant stated he earned the EIB in early 1995, but cannot find the papers he received authorizing the award.
3. Counsel provides no additional documentation.
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 on 28 July 1993. He was trained in and awarded military occupational specialty 11C (Indirect Fire Infantryman). He was released from active duty on 19 November 1995 after completing 2 years, 3 months, and 22 days of active military service.
3. The applicant's DD Form 214 shows his first name as _EU___. All other documents in his record, including his enlistment documents, show his first name is _U___.
4. The birth certificate and Social Security card provided by the applicant confirm his first name is _U___.
5. The applicant's record in the interactive Personnel Electronic Records Management System (iPERMS) is void of documentation showing he was awarded the EIB.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers. It states that the DD Form 214 will be prepared based on documents in the Soldier's record.
7. Army Regulation 600-8-22 (Military Awards) states award of the EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the EIB, a Soldier must be in an active Army status and must have an infantry or special forces specialty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request to correct the spelling of his first name as shown on his DD Form 214; however, the evidence does not support his request for correction of his DD Form 214 to show he was awarded the EIB.
2. 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. The applicant's record clearly shows he enlisted and served using the first name _U___. Accordingly, he is entitled to correction of his DD Form 214 to show the spelling of his first name as _U___.
3. The evidence of record does not show the applicant was awarded the EIB and the applicant has not provided documentary evidence showing he received this award. He is not entitled to correction of his DD Form 214 to show he was awarded the EIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following changes to his DD Form 214:
* delete "H________, _EU___" from item 1 (Name)
* add "H________, _U___" to item 1
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the EIB.
___________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) AR20100000761
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100000761
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