IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110022456 


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 his records to show his correct name.  He also requests award of a campaign medal for his service in Korea during 1964 and 1965.

2.  The applicant states that information he gave at the time he entered military service was in error.  His name is recorded as "Willie H--- C---", but it should be "Willie L--- A----."

3.  The applicant provides a copy of his birth certificate and separation document.

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 24 August 1963, shows his:

* First Name, Middle Name, and Last Name:  "Willie H---- C----"
* Alias(es), Nicknames(s), or Changes in Name:  "None"
* Parent's Names:  "Willie D--- A----" (Father) and "Willie B-- C----" (Mother)
* Signature on the document:  "Willie H---- C----"

3.  A DD Form 98 (Armed Forces Security Questionnaire), dated 26 August 1963, completed by the applicant prior to the Oath of Enlistment shows the name "Willie H---- C----."

   a.  The applicant wrote, "I was known by the name of Willie H---- L-- A----.  My parents were unmarried when I was born.  Since my parents were marry [sic] my name should have been changed to Willie H---- C----."

   b.  The applicant signed the document "Willie H---- C----."

4.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army on 26 August 1963.  It also shows in item 1 (Last Name - First Name - Middle Name):  "C----, Willie H----."

5.  A DA Form 20 (Enlisted Qualification Record), reviewed on 9 August 1965, shows his:

* First Name, Middle Initial, and Last Name:  "Willie H. C----"
* Foreign Service:  Korea - 25 July 1964 through 11 August 1965
* Signature on the document:  "Willie H. C----"

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty on 26 August 1963, was honorably released from active duty on 25 August 1966, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years of active service.

   a.  It shows his:

* First Name, Middle Name, and Last Name:  "Willie H---- C----"
* Signature on the document:  "Willie H. C----"

   b.  It also shows he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7.  In support of his application, the applicant provides a copy of a North Carolina, County of Pitt, Office of Register of Deeds, Certified Certificate of Birth, that shows "Willie L-- A----" was born on 10 August 1940.  It also shows his parent's names ("Willie D--- A----" and "Willie B. C----").

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.

	b.  It shows for:

* item 1:  enter last name, first name, and full middle name(s), if any
* item 24:  enter decorations awarded or authorized during period covered by the DD Form 214 from the Enlisted Qualification Record, omitting authorities cited therein

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the name recorded in his military service records should be corrected because it does not correspond with the name on his birth certificate.  He also contends he should be awarded a service medal for his service in Korea.

2.  The applicant's Certificate of Birth shows the name "Willie L--- A----."

3.  The evidence of record shows that upon entry in the U.S. Army the applicant reported that his name was "Willie H---- C----."  In fact, prior to taking the Oath of Enlistment, the applicant specifically addressed the reason for the variation in name and declared that his name should be "Willie H---- C----".  Thus, the applicant voluntarily chose to use the name "Willie H---- C----" in lieu of his birth name "Willie L-- A----."

4.  The applicant's DD Form 398, DD Form 4, DA Form 20, and DD Form 214 all clearly show that he signed the documents with his preferred name (i.e., "Willie H. C----").  In addition, the applicant's preferred name was consistently recorded in his official military service records, including his DD Form 214 when he was honorably released from active duty.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in his official military service records.

6.  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 the applicant desires to now record his birth 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.  

7.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name, 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 correct name documented in his OMPF.

8.  The applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Thus, his DD Form 214 should be corrected to show the service 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 to his DD Form 214 the Korea Defense Service Medal.

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 his name.  




      _______ _   __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)                                         AR20110022456



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ABCMR Record of Proceedings (cont)                                         AR20110022456



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