BOARD DATE:	  9 November 2010 

		DOCKET NUMBER:  AR20100014425 


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 his last name as W_ _ instead of L_ _, the Korea Defense Service Medal, and any other awards in his files that were not entered on his DD Form 214.

2.  The applicant states he was never legally adopted by Mr. L_ _, therefore, his DD Form 214 should reflect his legal name.  He contends the Korea Defense Service Medal was awarded after the DD Form 214 was generated.  He adds that it is possible some citations and awards were never entered on his DD Form 214 but he remembers receiving them.

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve Delayed Entry Program on 15 December 1983 and in the Regular Army on 8 August 1984.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).

3.  His DD Form 4 (Enlistment/Reenlistment Document) shows the last name he now claims is incorrect.

4.  A Servicemen's Group Life Insurance Election Form, dated 28 January 1986, shows the last name he now claims is incorrect.  It also shows his duty station as Korea.

5.  His DA Form 2-1 (Personnel Qualification Record) shows the last name he now claims is incorrect.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 24 January 1986 to 12 June 1987.

6.  On 15 June 1987, he was released from active duty.  His active duty separation orders show the last name he now claims is incorrect and his DD Form 214 also shows the last name he now claims is incorrect.  Item 12f (Foreign Service) of his DD Form 214 shows he served 1 year, 4 months, and 16 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16), and the Marksman Marksmanship Qualification Badge with Hand Grenade Bar.

7.  There is no evidence in his Official Military Personnel File (OMPF) showing that he ever served under the last name he now claims is correct.  There are no orders or any other evidence in his OMPF authorizing additional awards.

8.  Army Regulation 635-5 (Separations 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.  It states 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show a different last name, the Korea Defense Service Medal, and any other awards he may have earned during his active duty service has been carefully reviewed.

2.  Based on his service in Korea, he is entitled to correction of his DD Form 214 to add the Korea Defense Service Medal.  However, there are no orders or other evidence showing he is authorized any additional awards.  Therefore, his request for additional awards should be denied.

3.  Evidence of record shows he served under the last name of L_ _ throughout his entire military career.  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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  While his desire to now record his correct last name in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF.  This should serve to clarify any questions or confusion in regards to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.

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 showing in item 13 of his DD Form 214 the Korea Defense Service Medal.

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 further correcting his DD Form 214 by changing the last name to W_ _ or by adding any additional awards.




      _______ _   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)                                         AR20100014425



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ABCMR Record of Proceedings (cont)                                         AR20100014425



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