BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130020851
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 military record to show his correct name.
2. The applicant states:
a. in October 1967, he was transferred from one unit to another under the wrong name;
b. between October 1967 and March 1969, he served both in the Kansas Army National Guard (KSARNG) and on active duty under the wrong name, as Byrxx Rxxxxx instead of Brxxx Rxxxxx; and
c. the Army tried to change his rank, military occupational specialty (MOS), and tried to send him to Vietnam as the wrong person.
3. The applicant provides no additional documents with his application.
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. The applicant enlisted in the KSARNG on 21 March 1963, for a period of 6 years. The DD Form 4 (Enlistment Record) prepared during his enlistment processing and the DA Form 20 (Enlisted Qualification Record) completed upon his entry in the KSARNG lists the name that he claims is correct.
3. On 25 October 1963, he was ordered to active duty training (ADT) and upon its completion he was awarded MOS 631.10 (Wheel Vehicle Mechanic). On 24 April 1964, he was released from active duty (REFRAD) to the KSARNG.
4. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued him upon his REFRAD shows he completed 6 months of ADT. It also lists the name that he claims is correct and he authenticated this document by signing the same name in item 34 (Signature of Person Being Transferred or Discharged.
5. On 13 May 1968, the applicant reentered active duty and continued to serve until he was honorably REFRAD and transferred to the KSARNG on 20 March 1969. The DD Form 214 issued him at that time lists the name he claims is correct.
6. On 20 March 1969, the applicant was discharged from the KSARNG. The NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) issued him at that time confirms he completed 6 years of creditable military service and it also lists the name that he states is correct
7. All other documents filed in the applicants official military personnel file (OMPF) list the same name that he claims is correct and as listed on his DD Form 4 and his DA Form 20, at the onset of his military service. There are no documents in his OMPF that list the name "Brxxx Rxxxxx," which he claims is incorrect.
8. Army Regulation 635-5 at the time prescribed 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to properly list his name. However, the evidence of record confirms that the name that he claims is correct is the same name that is recorded throughout his OMPF from the time of his enlistment processing, upon his entry on duty in the Reserve and on active duty, and throughout his military service. There are no documents in his OMPF that list the name that he claims is incorrect. Inasmuch as the error that the applicant claims exists is not evidenced in his military record, no effective relief is warranted in this case.
2. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to his name, should it arise.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20130020851
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130020851
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060006766C070205
The applicant requests that the separation documents of his deceased father, a former service member (FSM), be corrected to show his awards of the Master Aviator Badge, the Legion of Merit (LOM), the Army Reserve Components Overseas Training Ribbon (ARCOTR), the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation. The applicant provides a copy of the FSM’s death certificate, orders designating the FSM as a Master Army...
ARMY | BCMR | CY2013 | 20130001756
ARMY | BCMR | CY2014 | 20140001700
The applicant, the grandson of a deceased former service member (FSM), requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds. The applicant requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds. _______ _ 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.
ARMY | BCMR | CY2012 | 20120002867
He signed a 3-year CSRB in accordance with Unit and State Recruiting and Incentive personnel guidance on 20 November 2008. d. After he signed the contract he was paid the first installment of the CSRB in December 2008 with the final payment due upon completion of his contract on 20 November 2011. e. Upon successful completion of the CSRB contract terms, he was contacted by the State Incentive Officer, on 23 November 2011, and informed there was a discrepancy with the CRSB. On 12 January...
ARMY | BCMR | CY2013 | 20130021157
The documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during his Regular Army period of service covered by his DD Form 214, consistently show his name as "Gxxxx, Robert Gxxx." The evidence of record shows that upon his enlistment into the Army, he listed his name as "Gxxxx, Robert Gxxx." The evidence of record further shows he used that name throughout his period of service in the Regular Army.
ARMY | BCMR | CY2008 | 20080015894
Application for correction of military records (with supporting documents provided, if any). _______ _ 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) AR20080015894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015894 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130014340
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal (BSM) and Air Medal and his completion of the Noncommissioned Officer (NCO) Academy. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100022870
His service record does not contain any orders which authorized him award of the Purple Heart or evidence to show he was wounded in August 1969. In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. The evidence of record shows he reenlisted on 19 August 1957, 19 August 1963, and 19 August 1969 and he served on active duty until he retired on 30 April 1972.
ARMY | BCMR | CY2014 | 20140007324
The applicant provides: * U.S. Army Reserve (USAR) Orders D-06-036713, dated 4 June 1985 * DD Form 214, ending on 9 February 1983 * ARNG Retirement Points History Statement * Retirement Orders P08-926117, dated 25 August 2010 CONSIDERATION OF EVIDENCE: 1. In the applicant's case, the evidence of record shows he was promoted to the rank/grade of SFC/E-7, on 16 January 1980, and he held that grade until 9 February 1983 when he was honorably released from active duty and discharged from the...
ARMY | BCMR | CY2009 | 20090003744
However, during these periods, service members on active duty for the sole purpose of undergoing a physical examination and/or any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations, will not be considered eligible for the National Defense Service Medal. The evidence of records shows the applicant enlisted in the KSARNG for a...