IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100024008 


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 to her DD Form 214 (Report of Separation from Active Duty) to show her married name and all her awards to include award of the Combat Medical Badge.

2.  The applicant states she was married in 1975 and her DD Form 214 should show her name as "Bon---ee A. J. Ras---en."  Additionally, she states the Combat Medical Badge and all her awards should be added to her DD Form 214.

3.  The applicant did not provide documents to support her application. 

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 27 December 1973 for a period of 3 years.  Item 1 (Name (Last, first, middle)) of her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her name as "Slo—n Bon—ie L—Ad—le."  She completed her initial entry training and was awarded military occupational specialty 91B (Medical Corpsman).  

3.  Item 38 (Record of Assignments) of her DA Form 20 (Enlisted Qualification Record) shows she served overseas from on or about 28 August 1974 to            9 January 1975 in U.S. Army Europe, Germany.

4.  There is no document filed within her personnel service record to show she married or that she had submitted an application to Department of the Army to change her name in her official records.  

5.  On 6 January 1975, her commander initiated action to discharge her under the provisions of the Expeditious Discharge Program based on her emotional instability, her failure to abide by Army regulations, her failure to perform her duties in an acceptable manner without close supervision, her failure to achieve the basic military skills and for her defiance of authority.

6.  She acknowledged receipt of this separation notification and indicated she understood if she declined a voluntary discharge under the Expeditious Discharge Program she could be processed for separation under the provisions of Army Regulation 632-200, chapter 13 for unsatisfactory duty performance. 

7.  On 11 January 1975, she was honorably discharged.  She was issued a DD Form 214 to show she had completed 1 year and 15 days of active service with 4 months and 21 days of foreign service.  Item 1 (Name (Last, first, middle)) shows the entry "Slo—n Bon—ie L—Ad—le."

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows award of the National Defense Service Medal.

9. References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size or to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size that is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

	b.  Army Regulation 635-5 (Personnel Separations - Separation 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, in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show her name as "Bon---ee A. J. Ras---en."  

2.  There is no evidence to show the applicant submitted a marriage certificate before her date of separation nor does her record contain a document to show she had legally requested to change her surname.  

3.  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, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to now record her married name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

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

5.  Her record is devoid of evidence to show she served a foreign overseas tour during combat operations.  Therefore, she is not entitled to a correction of her records to show award of the Combat Medical Badge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20100024008





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ABCMR Record of Proceedings (cont)                                         AR20100024008



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