IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110024683 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:

* First and middle name changed from Ric---- Elr-- to R. E.
* Army Good Conduct Medal (AGCM)
* Berlin Campaign Medal, correctly known as the Army of Occupation Medal with Germany clasp

2.  He states he went by the name of R. E. since his discharge in 1964 and on
29 November 1993, he legally had his name changed.  He also states that due to unknown circumstances, he never received the AGCM or the Army of Occupation Medal with Germany clasp.

3.  He provides the following:

* Self-authored statement
* Certificate of Birth
* DD Form 214
* Two congratulatory letters, dated 11 April 2011
* Veterans of Foreign Wars card
* Paid-Up-For-Life membership card




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.  After having prior service in the Army National Guard, on 3 August 1961 the applicant enlisted in the Regular Army.  He served 2 years, 5 months, and 
27 days on active duty and he was honorably released from active duty (REFRAD) on 29 January 1964.

3.  His 29 January 1964 DD Form 214 shows in:

* item 1 (Name (Last, First, Middle)), Ric----Elr--
* item 24c (Foreign and/or Sea Service), U.S. Army Europe (USAREUR), 02  04  00
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  A review of his records show his first and middle name consistently appeared as Ric---- Elr-- throughout his service. 

5.  His record is void of any evidence that shows he served in Berlin.  It shows he served in Army Post Office 29 (Munich) and 112 (Augsburg or Nuremberg). 

6.  His DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any nonjudicial punishment, courts-martial, or any type of adverse action in his available records. There is also no record of a commander's disqualification for the AGCM. 

7.  He provided a copy of his "Court Order Changing Name" document issued by the District Court, Polk County, Iowa.  The court order verifies his first and middle name was legally changed to R. E. on 29 November 1993.
8.  Membership cards from the Veterans of Foreign Wars and Paid-Up-For-Life show he used R. E. as his first and middle name.

9.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  

10.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states that the Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  The award is for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service).

12.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows at the time the applicant was separated from the Army on 29 January 1964 his first and middle name was Ric---- Elr--.  His name change did not occur until 29 November 1993, almost 30 years after he was honorably REFRAD and issued his DD Form 214.  As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  Therefore, his name as it was at the time of his REFRAD is correct as constituted on his DD Form 214.

2.  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.  While it is understandable that the applicant desires to have his first and middle name changed on his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  He is advised that a copy of this decision document, which confirms his legal name change, will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to his name recorded in his military records.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 3 August 1961 to 29 January 1964 and to correction of his records to show this award.

5.  There is no evidence and he did not provide any to show that he served in Berlin.  Therefore, he does not meet the criteria established for award of the Army of Occupation Medal with Germany clasp.

6.  The applicant honorably served during a qualifying period for award of the NDSM.  Therefore, he is entitled to the NDSM and to have his DD Form 214 corrected to show this award.

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:

	a.  awarding him the AGCM (1st Award) for the period 3 August 1961 to
29 January 1964; and

	b.  adding to his 29 January 1964 DD Form 214 the AGCM (1st Award) and the NDSM.
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 correction of his name and the Army of Occupation Medal with Germany clasp.



      _______ _   __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)                                         AR20110024683





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ABCMR Record of Proceedings (cont)                                         AR20110024683



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