IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026383
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 deletion of "SR," an abbreviation for "Senior," from his name on the orders awarding him the Bronze Star Medal (BSM) and the BSM Citation that accompanied the award.
2. He states he does not use "SR" with his name. He also states he misplaced the original citation and would like a corrected copy.
3. He provides copies of the orders awarding him the BSM and the BSM Citation.
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 accepted appointment as a Reserve commissioned officer of the Army on 27 January 1965. He entered active duty on 1 March 1965 and served until his honorable retirement on 31 March 1985.
3. His record shows he did not use "SR" with his name at the time of his appointment.
4. On 18 May 1971, he submitted a DA Form 2496 (Disposition Form) to his commander requesting that his name of record be changed under the provisions of Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number) to add "SR" following the birth of his son.
5. On or about 6 July 1971, The Adjutant General authenticated a DD Form 1343 (Notification of Change in Service Member's Official Records), thereby confirming his name change to add "SR."
6. On 18 January 1972, Headquarters, U.S. Army Support Command, Saigon, issued General Orders Number 92 announcing award of the BSM for his meritorious service from March 1971 to February 1972. The orders show his name with the abbreviation "SR." The citation that accompanied the award also shows his name with the abbreviation "SR."
7. On 25 April 1975, U.S. Army Communications Command Taiwan issued Special Orders Number 77 (Extract) directing his name change to remove the abbreviation "SR."
8. Army Regulation 600-2, in effect at the time, stated the addition or deletion of "Junior," "Senior," "3d," "III," or middle name, and corrections involving transposed names or slight changes in spelling could be accomplished based on the individual's signed application.
9. Army Regulation 600-8-22 (Military Awards) provides that veterans and retirees may obtain replacement awards certificates by writing to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon the applicant's request in 1971, his name was changed to add the abbreviation "SR." In 1975, his name was changed to remove "SR." The available documentation does not show the circumstances leading to the reversal of his name change.
2. The orders for his BSM and his BSM Citation correctly show the name he was serving under at the time he received the award. For historical purposes, the Army has an interest in maintaining the integrity 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 the applicant desires his BSM orders and citation to be consistent with the rest of his record, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. 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 or confusion in regard to changes in the name he used during his military service.
4. He should contact the U.S. Army Human Resources Command to obtain a replacement BSM Certificate.
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 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) AR20100026383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100026383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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