BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100001025
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 his name be changed from A----s G-------, Jr. to
A----w Y---- on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 November 2005. He also requests correction of his DD Form 214 to show the award of the Combat Action Badge (CAB).
2. The applicant states he had a legal name change and his DD Form 214 was missing the award of the CAB.
3. The applicant provides a copy of his Change of Name document, discharge orders from the U.S. Army Reserve (USAR), and CAB orders.
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 records show he enlisted in the Regular Army on
14 November 2001. He served 4 years and he was honorably released from active duty (REFRAD) on 13 November 2005 by reason of completion of required active service.
3. The applicant provided a copy of his "Change of Name" document issued by the Commonwealth of Massachusetts, The Trial Court, Probate and Family Court Department, that verifies his name was legally changed from A----s G-------, Jr. to A----w Y---- on 10 February 2006.
4. Orders 09-288-00004, issued by Headquarters, 807th Medical Deployment Support Command, Salt Lake City, UT, dated 15 October 2009, honorably discharged the applicant from the USAR. This order lists his name as A----w
Y----.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CAB.
6. Permanent Orders 2857-157, issued by Headquarters, 1st Cavalry Division, Fort hood, TX, dated 12 October 2005, shows the applicant was awarded the CAB for being personally present and actively engaging or being engaged by enemy fire to liberate Iraq in support of Operation Iraqi Freedom II on 24 May 2004.
7. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for item 1 (Name (Last, First, Middle)), enter in all capitals, include SR, JR or II, if appropriate.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that at the time the applicant was separated from the Army on 13 November 2005, his name was A----s G-------, Jr. The applicants name change did not occur until 10 February 2006, after he was honorably REFRAD and issued his DD Form 214. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge. Therefore, the applicant's name as it was at the time is correct as constituted on his DD Form 214.
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. While it is understandable that the applicant desires to have his name changed on his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decision document along with his application and the supporting evidence he provided, which confirms his legal name change, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to his name recorded in his military records.
4. Permanent Orders 285-157 awarded the applicant the CAB. Therefore, his records should be corrected to show this award.
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 adding to item 13 of his DD Form 214 the Combat Action Badge.
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 changing his name from
A----s G-------, Jr. to A----w Y----.
__________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) AR20100001025
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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