BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021464 


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) as follows: 

* Item 1 (Name (Last, First, Middle)) to show his last name as Barrett instead of Gonzales and his middle name as Gonzales instead of Barrett
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show a second award of the Army Commendation Medal 

2.  The applicant states his last name is Barrett and his middle name is Gonzales and he was awarded two awards of the Army Commendation Medal. 

3.  The applicant provides:

* DD Form 214
* Certificate of marriage, dated 15 October 2012
* Social security card, U.S. Passport, and Identification and Privilege Card
* Permanent Orders (PO) Number 023-328 and PO Number 41-03

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 12 November 2009.  Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) listed his first name as R---- and his last name as Gonzales; it did not list a middle name.  He biometrically signed this form using the first name R---- and the last name Gonzales. 

2.  In connection with this enlistment, he completed a Standard Form 86 (Questionnaire for National Security Position) and listed his full name as 
R---- Gonzales.  He also placed next to his name the entry "NMN" to indicate he did not have a middle name. 

3.  He was discharged from the DEP on 16 February 2010 and subsequently enlisted in the Regular Army on 17 February 2010.  When he took his Regular Army oath, he listed his full name as R---- Gonzales. 

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 91C (Utilities Equipment Specialist). 

5.  Multiple documents in his records show his last name as Gonzales these include his DD Form 93 (Record of Emergency Data), SGLV Election Certificate, award orders and certificates, medical, legal, and other personnel documents.

6.  On 6 August 2013, his higher headquarters approved his petition for a name change.  His new name was updated on all Army records to show his name as Gonzales Barrett, R-----.  

7.  The applicant's records show he updated his DD Form 93 and SGLV Election Certificate to reflect the new name as Gonzales Barrett, R-----.  His updated Enlisted Record Brief listed his name as Gonzales Barrett, R-----.  

8.  PO Number 023-338, issued by Headquarters, 172nd Infantry Brigade on 16 June 2012 awarded him the Army Commendation Medal.

9.  PO Number 41-03, issued by Headquarters, 212th Combat Support Hospital on 31 December 2013 awarded him the Army Commendation Medal.  

10.  Orders Number 267-0004, issued by the Installation Management Command, Germany, on 24 September 2013 ordered him transferred to the transition center for separation processing.  The orders listed his last name as Gonzales and his middle name as Barrett. 

11.  He was honorably released from active duty on 16 February 2014.  His DD Form 214 shows in: 

* Item 1, his last name as Gonzales Barrett and his first name as R----
* Item 13, only one award of the Army Commendation Medal 
12.  He provides a certificate of marriage, dated 15 October 2012 that shows he married another individual with the last name Barrett and that his (the applicant's) new surname is Barrett and his new middle name is Gonzales.  

13.  He also provides a social security card, a U.S. Passport, and an Identification and Privilege Card, all listing his last name as Barrett and his middle name as Gonzales. 

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his name: 

	a. The applicant's records show he used the last name Gonzales when he enlisted in the Regular Army in February 2010.  He used this last name throughout his military service.   However, in August 2013, he requested and received approval for a name change. His higher headquarters approved his petition for a name change.  His new name was updated on all Army record to show his name as Gonzales Barrett, R-----.

	b. His military records after his requested name change, including his separation orders, reflect his new name as Gonzales Barrett, R-----.  His DD Form 214 correctly listed his name as Gonzales Barrett, R-----.  There is no error or injustice.

	c. 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.  While it is understandable the applicant desires to now record a different first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

	c. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served.

2.  The applicant was awarded two awards of the Army Commendation Medal.  His DD Form 214 only listed one award.  He should have his DD Form 214 corrected to show both awards. 

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 deleting from item 13 the Army Commendation Medal and adding the Army Commendation Medal (2nd Award). 

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 change his middle and last names.



      __________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)                                         AR20140021464





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ABCMR Record of Proceedings (cont)                                         AR20140021464



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