IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013745
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 all military records to show his name as DXXX PXXX LXXXXXX instead of DXXX LXXXXXX BXXXXX and to update his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all newly-awarded medals.
2. He states his name was legally changed and he wishes to update all his military records to include reissuing the Cold War Recognition Certificate to reflect his new name.
3. He also states he was issued new awards which he wants to be reflected on his DD Form 214.
4. He provides:
* His DD Form 214
* A letter
* His DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* A court-order
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His records show he enlisted in the Regular Army on 21 May 1970. After the completion of training, he served in military occupational specialty 76Y (Unit Supply Specialist).
3. A DD Form 4 (Enlistment Contract Armed Forces of the United States),
DD Form 369 (Police Record Check), DD Form 1584 (National Agency Check Request), and DD Form 398 (Statement of Personal History) all show his name as DXXX LXXXXXX BXXXXX.
4. On 30 November 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. Item 1 (Last Name - First Name Middle Name) of his DD Form 214 shows his name as "BXXXXX, DXXX, LXXXXX (listed in the required order). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the following awards:
* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device 1960
* Vietnam Service Medal (VSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. He provided a letter from the U.S. Army Human Resources Command, Awards and Decorations Branch which shows he was awarded the following and a DD Form 215 was issued:
* VSM with two bronze service stars
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
6. His DD Form 215 properly reflects the additional awards he has requested to be added to his DD Form 214. As such, these awards will not be addressed any further in this Board of Proceedings. A copy of the DD Form 215 will be provided to him.
7. He provided a court-order which shows his name was legally changed from
DXXX LXXXXXX BXXXXX to DXXX PXXX LXXXXXX on 10 August 1981.
8. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated, in pertinent part, that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. All documents in his military personnel record, including his DD Form 214, reflect his name as DXXX LXXXXXX BXXXXX and he continued to use this name throughout his military career.
2. Although he provided a court-order reflecting a legal name change, 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.
3. While it is understandable the applicant desires to now record his new name in his military records and to be reissued the Cold War Recognition Certificate, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. He is advised that a copy of this decisional document, which shows his legal name change, 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 record and to satisfy his desire to have his legal name change documented in his OMPF.
5. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20110013745
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013745
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