IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120009375 


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 first and middle names be corrected on his Army National Guard (ARNG) enlistment document, dated 1 November 2007.

2.  In a separate application, the applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2010 be corrected by removing the Combat Action Ribbon, "Joint Meritorious Unit Commendation" (correctly known as the Joint Meritorious Unit Award), "Navy Expeditionary" (correctly known as the Navy Expeditionary Medal), and "Navy Battle "E"" (correctly known as the U.S. Navy "E" Ribbon).      

3.  The applicant states:

* His name is Terrill Trent Lxxxxx not Trent Terrill Lxxxxx 
* The name information on his 1 November 2007 ARNG enlistment is incorrect due to poor administrative competency of the administrative clerk
* In 2006 he advised the personnel clerk at Camp Lejeune to remove the Navy Expeditionary and they did not 

4.  In his separate application, the applicant states he applied for the Combat Action Ribbon.  In this application he states he is requesting investigation into the hostile incident in November 1998 under Maradmin 2000, Peace Keeping Operations.  He states the application was sent to Headquarters, U.S. Marine Corps as well.



5.  The applicant provides:

* Two applications
* ARNG enlistment
* Birth certificate
* Social security card
* Announcement of approved Navy Unit Commendation
* DD Form 214 for the period ending 14 December 2010
* DD Form 215 (Correction to DD Form 214)
* DA Form 4187-1-R (Personnel Action Form Addendum)
* DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)
* Defense Finance and Accounting Service Military Leave and Earnings Statements

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty with the U.S. Marine Corps from 23 August 1995-25 July 1999 and had at least two subsequent periods of active duty with the U.S. Marine Corps Reserve.  He served during these periods under the name of Terrill Trent Lxxxxx.  His U.S. Marine Corps DD Form 214 shows, in part, the Navy Expeditionary Medal.

2.  He provided a U.S. Marine Corps DD Form 215, dated 17 August 2006, which shows the Combat Action Ribbon, Navy Meritorious Unit Commendation (2), Navy Unit Commendation, Joint Meritorious Unit Award, Global War on Terrorism Service Medal, Navy Battle "E" Ribbon, Letter of Appreciation (3), and Selected Marine Corps Reserve Medal was added to his U.S. Marine Corps DD Form 214. 

3.  The applicant enlisted in the ARNG on 1 November 2007.  His enlistment document shows the name Trent Terrill Lxxxxx but item 13b (Signature of Enlistee/Reenlistee) shows a legible signature of "Terrill Trent Lxxxxx."  

4.  On 7 November 2009, he was ordered to active duty in support of Operation Enduring Freedom.  He served in Afghanistan from 3 January 2010 to 4 November 2010.  On 14 December 2010, he was released from active duty.

5.  His DD Form 214 for the period ending 14 December 2010 shows, among other awards, the "Navy and Marine Expeditionary Medal," Navy/Marine Combat Action Ribbon, and Joint Meritorious Unit Award as authorized awards.

6.  On 2 June 2011, he was discharged from the ARNG for failure to report to the gaining state upon interstate transfer.

7.  He provided his birth certificate which shows his name as Terrill Trent Lxxxxx. 

8.  Army Regulation 635-5 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 awards from all periods of service will be entered on the DD Form 214.

9.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  

10.  Title 10, U.S. Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice.

11.  Army Regulation 15-185 provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of an Army record.  In pertinent part, it states the Board will decide cases on the evidence of record.  It is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 13b of the applicant's ARNG enlistment document which shows a legible signature of "Terrill Trent Lxxxxx" is accepted as sufficient evidence on which to amend his 1 November 2007 ARNG enlistment document to show this name.

2.  His request to remove the Combat Action Ribbon, Joint Meritorious Unit Award, Navy Expeditionary Medal, and U.S. Navy "E" Ribbon from his Army DD Form 214 for the period ending 14 December 2010 was noted.  However, since he received a DD Form 214 from the U.S. Marine Corps that shows the Navy Expeditionary Medal and a DD Form 215 from the U.S. Marine Corps adding the Combat Action Ribbon, Joint Meritorious Unit Award, and U.S. Navy "E" Ribbon these awards to his U.S. Marine Corps DD Form 214, at the present time it appears that they are properly entered on his Army DD Form 214.

3.  The applicant should contact the Board for Correction of Naval Records (701 S. Courthouse Road, Suite 1001, Arlington, VA 22204-2490) to have them removed from his U.S. Marine Corps DD Form 214 (and it appears he may have already done so).  If the Board for Correction of Naval Records removes those awards from his U.S. Marine Corps DD Form 214, he may then reapply to this Board to have them removed from his Army DD Form 214 for the period ending 14 December 2010.

4.  The applicant requests investigation into the hostile incident in November 1998 under Maradmin 2000, Peace Keeping Operations.  This Board is not an investigative agency but decides cases based upon the evidence of record or the evidence provided.  In addition, this incident occurred during the applicant's U.S. Marine Corps service.  This Board is unaware of the Navy Board's position in regard to investigations.  This portion of the applicant's request should be denied by this Board.

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 amending his 1 November 2007 ARNG enlistment document to show his name as Terrill Trent Lxxxxx.

2.  The Board further determined that the evidence presented was 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 removing the Combat Action Ribbon, Joint Meritorious Unit Award, Navy Expeditionary Medal, and U.S. Navy 


"E" Ribbon from his Army DD Form 214 for the period ending 14 December 2010 at this time and investigating the November 1998 incident.   



      _____________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)                                         AR20120009375



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ABCMR Record of Proceedings (cont)                                         AR20120009375



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