IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008362
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 (Certificate of Release or Discharge from Active Duty) to show the spelling of his middle name as Dominick and to add the German Marksmanship Badge in Bronze.
2. The applicant states his DD Form 214 has his middle name misspelled as Dominic and his German marksmanship badge was omitted.
3. The applicant provides copies of:
* DD Form 214
* State of New York Certification of Birth issued on 20 April 1990
* Certificate - Permission to Wear the German Marksmanship Badge in Bronze, dated 15 April 1993
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 DD Form 4 (Enlistment/Reenlistment Document) dated 23 April 1990 shows the applicant's middle name as Dominic. He enlisted in the U.S. Army Reserve for a period of 8 years. The applicant signed his name in Item 13b spelling his middle name as Dominic.
3. On 19 September 1990, the applicant enlisted in the Regular Army for a period of 2 years and 19 weeks. In Items 20b and 22b of his DD Form 4, he signed his full name, spelling his middle name each time as Dominic.
4. Attached to the applicant's DD Form 4 are copies of his Social Security card and the same birth certificate he now presents as evidence with this case.
a. The Social Security card shows his middle name as Dominic.
b. The New York Birth Certificate shows his middle name as Dominick.
5. The applicant's DD Form 214 shows that he was transferred to the U.S. Army Reserve upon the expiration of his term of active duty service. This form also shows his middle name as Dominic and his awards as:
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Badge with Pistol Bar
* Sharpshooter Marksmanship Badge with Rifle and Grenade Bars
6. Army Regulation 600-8-22 (Military Awards):
a. Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation. Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance
and permanent wear. Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.
b. Appendix D lists the German Army Marksmanship Badge.
7. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. 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 release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the spelling of his middle name as Dominick and to add the German Marksmanship Badge.
2. Records show that when the applicant enlisted he had submitted a copy of his birth certificate which was filed with his enlistment document. That birth certificate clearly shows the spelling of his middle name as he now claims is correct. Therefore, his DD Form 214 should be corrected to show this same spelling.
3. The evidence provided by the applicant clearly shows that he had qualified for and was awarded a German Marksmanship Badge in Bronze. However, there is no evidence showing that this badge was subsequently approved for both acceptance and wear, or that this badge was awarded in recognition of military activities. Therefore, this portion of his request should be denied.
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. deleting from his DD Form 214 his middle name spelled as Dominic; and
b. showing his middle name as Dominick on 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 adding the German Army Marksmanship Badge in Bronze 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) AR20120008362
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ABCMR Record of Proceedings (cont) AR20120008362
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