IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100014966 


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 (Report of Separation from Active Duty) to show:

* his name as "M______ D________-C____" instead of "C______ M______" and

* he was awarded or authorized to wear the:

* National Defense Service Medal
* Overseas Service Medal [Ribbon] for his service in Germany
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
[M-60]
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
[M-16]

2.  He states his DD Form 214 should show his legal name because he did right for his country and his country should do right by him.

3.  He provides copies of:

* his DD Form 214
* a State of North Carolina Order and Certificate of Name Change
* his Social Security Account Number (SSAN) card

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's record shows he enlisted in the Regular Army on 10 April 1972.

3.  A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his name consistently appears as "C______ M______."

4.  Special Orders Number 172 issued by Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, NJ, on 20 June 1972 show he qualified with the 
M-16 Rifle and the Hand Grenade and was awarded the following badges:

* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16]

5.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

* Item 41 (Awards and Decorations) shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  His record is void of any evidence and he has not provided any evidence showing he qualified with the M-60 machinegun.

7.  His DD Form 214 contains the following pertinent information:

* Item 1 (Name (Last, First, Middle)) shows his name as "C______ M______."
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal

8.  He provides a copy of a State of North Carolina Order and Certificate of Name Change which shows he had his name legally changed from "C______ M______" to "M______ D________-C____" on 18 April 2001, nearly 21 years after he was discharged from the Army.

9.  He also provides a copy of his SSAN card which shows his name as "M______ D________-C____."

10.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* his name as "M______ D________-C____" instead of "C______ M______" and
* 
he was awarded or authorized to wear the:

* National Defense Service Medal
* Overseas Service Medal [Ribbon] for his service in Germany
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
[M-60]
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
[M-16]

2.  The evidence of record shows his name consistently appeared as "C______ M______" on every document in his available service personnel record throughout his period of service.  He authenticated several of these documents by placing his signature in the appropriate blocks.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  The fact that he provides a copy of a State of North Carolina Order and Certificate of Name Change which shows he had his name legally changed from "C______ M______" to "M______ D________-C____" on 18 April 2001 is duly noted and a copy of this document will be added to his record along with a copy of these proceedings.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

5.  Special orders show he qualified with the M-16 Rifle and the Hand Grenade and was awarded the appropriate badges.  Therefore, he is entitled to have the following badges shown on his DD Form 214:

* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16]

6.  His record is void of any evidence and he has not provided any evidence showing he qualified with the M-60 machinegun.  Therefore, there is no justification for adding the Expert Marksmanship Qualification Badge with Machine Gun Bar [M-60] to his DD Form 214.

7.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show receipt of the Overseas Service Ribbon.

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 the following to item 26 of his DD Form 214:

* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16]

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
* award of the Expert Marksmanship Qualification Badge with Machine Gun Bar [M-60]

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20100014966





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ABCMR Record of Proceedings (cont)                                         AR20100014966



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