IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120004755 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  her dates of service in Korea and

	b.  her name as "Courtni D____" instead of "Courtney L____ D____."

2.  The applicant states:

* her service in Korea is not documented on her DD Form 214
* she served 14 months in Korea
* she legally changed her name

3.  The applicant provides:

* court order changing her 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 (RA) on 28 November 1989 for a period of 2 years and 22 weeks.  Her enlistment document shows her name as "Joan E____ L____."  She completed training and was awarded military occupational specialty 91A (medical specialist).  On 12 December 1991, she was honorably released from active duty for hardship from Fort Meade, MD.

3.  Her DD Form 214 shows in:

* item (Name) – her name as "D____, Courtney L____"
* item 12f (Foreign Service) – no foreign service

4.  Her DD Form 214 shows she was awarded or authorized the:

* Army Lapel Button
* Army Service Ribbon
* National Defense Service Medal
* Driver and Mechanic Badge with Driver-W Bar

5.  Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she served in Korea from 14 May 1990 through 10 August 1991, a total of 1 year, 2 months, and 28 days.

6.  All of her service personnel records except her enlistment document show her name as "Courtney L____ D____."

7.  She provides a court-ordered petition for change of name, dated 10 July 2003, which shows her name was legally changed from "Courtney L____ D____" to "Courtni D____."

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who 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 (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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Except for the last unit of assignment, the only other assignments shown on the DD Form 214 are deployments.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 5 of her DA Form 2-1 which shows she served in Korea from 14 May 1990 through 10 August 1991 is accepted as sufficient evidence on which to amend item 12f of her DD Form 214.  Item 12f of her DD Form 214 should be corrected to show she served 1 year, 2 months, and 28 days of foreign service.

2.  As a related issue, she is entitled to award of the KDSM based on her service in Korea.  Her DD Form 124 should be corrected to show this medal.  This will effectively show her service in Korea, which otherwise is not authorized to be listed as it was not her last assignment nor was it a deployment.

3.  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.

4.  It appears the applicant's name was changed from "Joan E____ L____" to "Courtney L____ D____" after her enlistment in 1989; she served under this name and was separated under this name in 1991.  She legally changed her name to "Courtni D____" in 2003, 12 years after she was separated from the Army.  While the applicant's desire to have her records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, her DD Form 214.

5.  The applicant is advised that a copy of this decisional document which confirms her legal name change will be filed in her Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion regarding the difference in the names recorded in her AMHRR and to satisfy her desire to have her current legal name documented in her military records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting the entry in item 12f of her DD Form 214 and replacing it with the entry "0001  02  28" and

	b.  adding award of the KDSM to her DD Form 214.

2.  The Board further determined 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 showing her dates of service in Korea or amending her name on her 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)                                         AR20120004755



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ABCMR Record of Proceedings (cont)                                         AR20120004755



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