IN THE CASE OF: 

		BOARD DATE: 27 August 2015

		DOCKET NUMBER:  AR20150000925


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "R___" and to show she was awarded the Overseas Service Ribbon.

2.  The applicant states her DD Form 214 is not correct due to a clerical error.  She served overseas for 1 year, 4 months, and 3 days.

3.  The applicant did not provide any supporting documentation.

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.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 30 July 1079, shows the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) using the first name "R___." 

3.  She was discharged from the DEP and enlisted in the Regular Army on 
19 August 1980 using the last name "R___."

4.  Her DA Form 2-1 (Personnel Qualification Record – Part II) is not available.

5.  The available evidence shows:

a. She married Specialist "W_______" on 17 September 1981.

b. She requested her last name be changed to "W______" on 29 September
1981.

   c.  On 9 October 1981, the applicant’s name change action was verified and processed.

6. On 28 May 1982, she was honorably released from active duty and transferred to the Individual Ready Reserve in the last name of W_______." 

7.  Her DD Form 214 shows:

a. She was discharged under the provisions of chapter 6, Army Regulation
635-200.  Her narrative reason for separation is listed as “Relief From Active Duty” and she was assigned a separation code of “KDH.”

   b.  She completed 1 year, 9 months, and 10 days of active service, which included 1 year, 4 months, and 3 days of foreign service. 

   c.  She was awarded the Army Service Ribbon.  Her DD Form 214 does not list any overseas service ribbons.

8.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

9.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

10.  Army Regulation 635-5-1 (Separation Program Designators), in effect at the time, provides the specific authorities and reasons for separating Soldiers from active duty, and the separation codes to be entered on the DD Form 214.  It states the separation code "KDH" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 6, due to dependency.

11.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted using the last name as "R___" and changed her last name to "W_______" while serving on active duty.  She was separated using the last name of "W_______."

2.  She did not provide any evidence showing she changed her last name back to to "R___" while serving on active duty.

3.  She is not eligible for award of the Overseas Service Ribbon.  While her record shows she served overseas in Germany, there is no available evidence showing she successfully completed an overseas tour.

4.  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.  While it might be understandable that the applicant now desires the record to show her current name, in the absence of a showing of material error or injustice there is a reluctance to recommend that those records be changed.

5.  The applicant is advised that a copy of this decisional document will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name in her military record and to satisfy her desire to have her legally changed last name shown in her OMPF.

6.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20100023544



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ABCMR Record of Proceedings (cont)                                         AR20150000925



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