IN THE CASE OF:	  

		BOARD DATE:	 7 April 2011

		DOCKET NUMBER:  AR20100024539 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show his name as V----r G----a instead of M-------o
G----a.  He also requests award of the Army Good Conduct Medal.

2.  He states his name is incorrect on his DD Form 214 and that he should have been awarded the Army Good Conduct Medal for his time on active duty.

3.  The applicant provides a copy of:

* his DD Form 214
* a State of Texas, County of El Paso, court document ordering his name change
* an Honorable Discharge Certificate, dated 15 March 1961

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 military records for the period of service covered by the
DD Form 214 are not available for review.  A fire destroyed approximately
18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 16 March 1953.  He was honorably released from active duty (REFRAD) on 15 March 1955 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.  His DD Form 214 shows in:

* item 1 (Last Name - First Name - Middle Name) the entry "G----a M-------o"
* item 3 (Grade-Rate-Rank and Date of Appointment) the entry "SGT [sergeant] (T) [temporary] 22 Jan 55"
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* item 38 (Remarks) the entry "No days lost under sec 6(a) app 2b MCM [Manual for Courts-Martial] 1951"

4.  On 15 March 1961, the applicant was honorably discharged from the USAR having completed his military service obligation.  His Honorable Discharge Certificate shows the name "V----r G----a."

5.  The applicant provided a copy a State of Texas, County of El Paso, court document, with a handwritten notation "El Paso, TX, September 1960."  There is no other date affixed to this document which granted the applicant's petition to change his original name from M-------o G----a to V----r G----a.

6.  Orders Number 31, issued by Company C, 719th Transportation Battalion,
El Paso, TX, dated 23 March 1961, shows the applicant enlisted in the USAR for a period of 3 years.  His name is shown as "V----r G----a."  His DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 9 April 1964, shows he reenlisted in the USAR for an additional 3 years under the same name.


7.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  Regarding award of the Army Good Conduct Medal for his initial term of service for 2 years, while it is acknowledged he could have been awarded the Army Good Conduct Medal for his initial period of service of less than 3 years, there is insufficient evidence to support this award at this late date.  Therefore, Government regularity is presumed on this issue.

2.  Regarding correction of his name shown on his DD Form 214, it properly reflects his name during the period of service covered by the report.  He changed his name by court action in September 1960, more than 5 years after his REFRAD.  His subsequent service in the USAR properly reflects his changed name as shown on his Honorable Discharge Certificate, dated 15 March 1961 and subsequent reenlistment documents.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available 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 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.


4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official 
military personnel file.  This should serve to clarify any questions that may arise regarding the different name recorded in his military records and to satisfy his desire to have his current name documented in his official records.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100012476



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ABCMR Record of Proceedings (cont)                                         AR20100024539



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