IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100020222 


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) by:

* Showing his new name as changed by court order on 16 July 2010
* Showing his completion of the Psychological Operations Orientation Course of 2 weeks in 1974
* Showing his completion of the Primary Leadership Course of 4 weeks in 1978
* Awarding him the second award of the Army Good Conduct Medal (AGCM)
* Adding his award of the German Marksman’s Medal (Bronze)
* Adding his Certificate of Achievement

2.  The applicant states that he recently changed his name and desires correction of his records to reflect his new name.  He also states that the military courses he attended are not recorded on his DD Form 214 nor is his award of the German Marksman’s Medal (Bronze).  He also states that he was never awarded a second award of the AGCM even though he was eligible and he desires it to be awarded at this time.

3.  The applicant provides:

* A copy of his Department of the Army approval for wear of the German Army Marksmanship Award in Bronze, dated 6 August 1976
* A copy of his diploma for completion of the Psychological Operations Orientation Course in 1974
* A copy of a letter of recommendation for him to attend a noncommissioned officer (NCO) leadership school, dated 3 July 1975
* A copy of a letter of recommendation for him for recruiting duty, dated
25 April 1978
* A copy of a court order changing his name, dated 16 July 2010
* A copy of a Certificate of Achievement, dated 28 April 1979
* Copies of his DD Forms 214 for the period ending 3 June 1974 and
1 June 1979

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 in Los Angeles, CA on 29 August 1972 for a period of 2 years.  His first, middle, and last name at the time of his enlistment was C-----n K---h B------l.

3.  He completed his basic and advanced individual training as a food service specialist at Fort Ord, CA.

4.  He was transferred to Germany on 30 April 1973 and on 3 June 1974 he was honorably discharged in the rank/grade of specialist four (SP4)/E-4 for the purpose of immediate reenlistment.

5.  He reenlisted on 4 June 1974 for a period of 5 years, assignment to Fort Myer, VA, and a selective reenlistment bonus.

6.  The applicant completed the 2-week Psychological Operations Orientation Course at Fort Bragg, NC from 5-16 August 1974.  He was transferred to Fort Myer on 3 September 1974.

7.  On 29 September 1975 he was awarded the AGCM for the period 29 August 1972 through 28 August 1975.  He was promoted to specialist five (SP5)/E-5 on 15 July 1976.

8.  On 6 August 1976, Department of the Army approved for wear his award of the German Army Marksmanship Award in Bronze.

9.  He was transferred to Germany on 11 January 1978 and on 8 September 1978 he completed the 4-week Primary Leadership Course (PLC) from 14 August through 8 September 1978.

10.  He departed Germany on 7 May 1979 and he was transferred to Fort Jackson, SC, where he was honorably discharged on 1 June 1979 at the expiration of his term of service (ETS).  He served 6 years, 9 months, and 3 days of total active service and was issued a reentry (RE) code of RE 3.  Although his records do not specify the reason for his separation, the RE code indicated that he required a waiver to reenlist.

11.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 1 June 1979 does not show a second award of the AGCM or the German Army Marksmanship Badge in Bronze.  Item 27 (Remarks) does not show his completion of Psychological Operations Orientation Course and the PLC.  However, it does reflect the same name as he initially enlisted under.

12.  The court order provided by the applicant shows that on 16 July 2010 the applicant’s name was changed to "B----e W----n" in Lackawanna County, PA. 

13.  A review of the applicant’s military record fails to reveal that the applicant was awarded a second award of the AGCM or that he was recommended for this award by his commander.  His record is also void of any derogatory information that would serve to disqualify him for award of the AGCM.

14.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information as it exists at the time of separation.  Subsequent events will not be added to the DD Form 214 that did not occur during the period covered by that form.

15.  Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

16.  Army Regulation 635-5 states to list in-service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

17.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded and properly approved for award of the German Army Marksmanship Award in Bronze.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He completed the 2-week Psychological Operations Orientation Course in 1974 and the 4-week PLC in 1978.  Therefore, he is entitled to correction of his DD Form 214 to show these courses.

3.  While there is no evidence in the available records to show that the applicant was disqualified for the second award of the AGCM, there also is no evidence to show that he was recommended for that award by his commander.  Given the lack of available information, the passage of 30+ years, and the fact that there is no automatic entitlement to award of the AGCM, it would be inappropriate to award him a second award of the AGCM at this late date.

4.  The applicant’s contention that his Certificate of Achievement should be added to his DD Form 214 has been noted.  However, the applicable regulation does not provide for the entry of such documents on the DD Form 214.  Accordingly, there is no basis to grant this portion of his request.

5.  The evidence of record shows that the applicant enlisted, served, and he was honorably discharged under the name that is currently reflected.  The fact that he has recently had his name changed 30+ years later is not a sufficiently mitigating factor that warrants granting the requested relief.
6.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  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.  While it is understandable the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

7.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his current 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:

	a.  adding to item 26 his DD Form 214 for the period ending 1 June 1979 the German Army Marksmanship Badge in Bronze, and

	b.  adding to item 27 of his DD Form 214 for the period ending 1 June 1979 the:

* Psychological Operations Orientation Course, 2 Weeks, 1974
* Primary Leadership Course, 4 Weeks, 1978

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:

* awarding him the Army Good Conduct Medal (2nd Award) and adding this award to his DD Form 214
* adding his Certificate of Achievement to his DD Form 214
* changing his name on his DD Form 214



      _________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)                                         AR20100020222



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ABCMR Record of Proceedings (cont)                                         AR20100020222



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