IN THE CASE OF:	

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110014786 


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 his last name be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests, in effect,  the "USAF AVN SVC RBN" [U.S. Air Force Aviation Service Ribbon], Meritorious Service Medal (MSM), "Armed Forces Exp Unit" (apparently he means the Armed Forces Expeditionary Medal),  Army Commendation Medal (ARCOM), and Army Achievement Medal (AAM) be added to his DD Form 214.  

2.  The applicant states:

* his enlisted service record was not at the transition point at the time of his discharge due to forward deployment
* he changed his last name from Rxxxx to Vxxxx in 2011

3.  The applicant provides:

* Enlisted Record Brief
* DA Form 2-1 (Personnel Qualification Record)
* Discharge orders
* DD Form 2648 (Preseparation Counseling Checklist)
* Servicemembers' Group Life Insurance Election and Certificate
* Court order for change of name
* DD Form 214 



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 12 July 2000.  His enlistment contract shows the last name Rxxxx.  He completed his training and was awarded military occupational specialty 63Y (track vehicle mechanic).  He served in Iraq from 8 April 2003 to 9 July 2003.  On 10 March 2004, he was honorably discharged by reason of disability (severance pay).

3.  Item 1 (Name) of his DD Form 214 shows the last name Rxxxx.  Item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Driver and Mechanic Badge with Driver-M Bar
* Driver and Mechanic Badge with Driver-T Bar 

4.  Since his DD Form 214 shows the ARCOM, this portion of his request will not be discussed further in these proceedings.

5.  All of his service personnel records show the last name Rxxxx.

6.  There are no orders for the "USAF AVN SVC RBN" or MSM in the available records.

7.  He provided an Enlisted Record Brief (ERB), dated on 29 September 2003, which shows the "USAF AVN SVC RBN" in the awards and decorations section.  He also provided his DA Form 2-1 (Personnel Qualification Record) which shows the MSM, "Armed Forces Exp Unit," and AAM (3rd Award) in the awards section.
8.  Permanent orders, dated 21 June 2001, show he received the AAM.

9.  There are no additional orders for any other awards of the AAM in the available records.

10.  He provided a court order, dated 4 April 2011, which shows he legally changed his last name to Vxxxx.

11.  Army Regulation 635-5 (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.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Southwest Asia operations from 1 December 1995 to 18 March 2003.

13.  Army Regulation 600-8-22 states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

14.  Army Regulation 600-8-22 states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:


* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

15.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  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 actual conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The applicant's service personnel records show he served on active duty from 12 July 2000 to 10 March 2004 under the last name Rxxxx.  During this time, it appears he appropriately served in and was discharged from active duty under the last name Rxxxx.  He did not change his name until 2011, 7 years after he was discharged.  While the applicant's desire to have his records changed is understandable; however, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.  This Board action will be filed in the applicant's military records so a record of his current name will be on file.

3.  There are no orders for the "USAF AVN SVC RBN" in the available records and the applicant did not provide any orders for this U.S. Air Force ribbon.  In the absence of orders officially awarding him the ribbon or any other official corroborating evidence, the entry on his ERB is not sufficient as a basis for adding this ribbon to his DD Form 214.   
 
4.  There are no orders for the MSM in the available records and the applicant did not provide any orders for the MSM.  In the absence of orders officially awarding him the MSM or any other official corroborating evidence, the entry on his DA Form 2-1 is not sufficient as a basis for adding the MSM to his DD Form 214.   

5.  Although his DA Form 2-1 shows the "Armed Forces Exp Unit" in the awards section, he did not serve a period of qualifying service for award of the AFEM for his service in Southwest Asia.  Therefore, there is insufficient evidence on which to base award of the AFEM in this case.
   
6.  Orders show he received the AAM.  His DD Form 214 should be corrected to show this medal.  
7.  Based on his service in Iraq, he is eligible for award of the ICM with two bronze service stars.  His DD Form 214 should be corrected to show this medal.

8.  He served a period of qualifying service for award of the GWOTSM.  His DD Form 214 should be corrected to show this medal.

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 adding the AAM, ICM with two bronze service stars, and GWOTSM to item 13 of his DD Form 214.

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 changing his last name or adding the "USAF AVN SVC RBN," MSM, or AFEM to 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)                                         AR20110014786





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ABCMR Record of Proceedings (cont)                                         AR20110014786



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