IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004649
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 name on his Bronze Star Medal orders and certificate.
2. The applicant states he enlisted and served under the name L--- J---- until shortly before he retired, when he discovered his real birth name was L-----G----. He would like his Bronze Star Medal orders and certificate to reflect this name.
3. The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his retirement orders.
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. On 26 January 1951, the applicant was inducted into the Army of the United States under the name L--- J----. He served on active duty for 1 year and 9 months.
3. On 6 November 1952, he enlisted in the Regular Army under the name L--- J----, and served continuously on active duty for a total of 20 years, 6 months, and 25 days. His last enlistment commenced on 9 September 1967.
4. General Order Number 4589, issued by the U.S. Military Assistance Command, Vietnam on 27 August 1970, awarded him the Bronze Star Medal under the name L--- J----.
5. Upon obtaining a copy of his actual birth certificate for retirement purposes, he discovered that, although he had been using the name L--- J---- his entire life, his actual birth name was L-----G------.
6. On 11 June 1971, the Army officially directed that his records be changed to show his name as L-----G------. Following his official name change, some but not all of his records were changed to reflect his birth name.
7. On 31 August 1971, he was honorably retired under the name L-----G------. His last DD Form 214 shows he was awarded the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served nearly his entire period of service under the name L--- J----. On 11 June 1971, the Army directed that his name be officially changed to L----- G------, and he retired under this name.
2. In as much as the Bronze Star Medal was awarded during the enlistment period wherein his name was officially changed and several other documents from this period have also been changed, it is appropriate to correct the Bronze Star Medal orders to reflect his name as L----- G------ and issue him a new Bronze Star Medal certificate with the corrected name.
BOARD VOTE:
___x____ ___x_____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the Bronze Star Medal orders to reflect his name as L-----G------ and issue him a new Bronze Star Medal certificate with the corrected name.
_______ _ _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) AR20140004649
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ABCMR Record of Proceedings (cont) AR20140004649
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