IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150001552


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing his change of name.  He further requests award and issuance of the following:

* Iraq Campaign Medal (ICM)
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Overseas Service Ribbon (OSR)

2.  The applicant states his name was changed after he was discharged from the Regular Army.  He contends that he earned the awards and wants them.

3.  The applicant provides copies of:

* DD Form 214 (Member Copy 4)
* Court Proceedings, State of Minnesota, County of Ramsey, District Court, dated 23 October 2008
* State of Minnesota Driver’s License

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  On 2 May 2002, the applicant enlisted in the Regular Army.  The name he provided at the time of his enlistment was used throughout his entire period of active duty.

4.  On 10 December 2003, the applicant was discharged from active duty due to parenthood.  He completed 1 year, 7 months, and 9 days of creditable active duty service.  His DD Form 214, as previously corrected by a DD Form 215 (Correction to DD Form 214) shows:

	a.  his name as used during his active duty service;

	b.  his foreign service as 5 months and 17 days;

	c.  his deployment in southwest Asia from 13 April to 29 September 2003; and

	d.  his awards as:

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* GWOTSM
* GWOTEM

5.  The available records do not show the country(ies) in which he served in Southwest Asia.

6.  He provides a court order granting his name change in October 2008.


7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The OSR is awarded for successful completion of overseas tours.  Tour lengths are generally a minimum of 1 or 2 years based on the country in which the Soldier is assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing his name change and award of the following:

* ICM
* GWOTSM
* GWOTEM
* OSR

2.  The evidence of record clearly shows that the applicant entered and served on active duty using his name of record at the time.  Subsequent to his discharge, his name was changed via court order.

3.  He has not provided any compelling reason or argument showing that he has or will suffer any harm as a result of his name as shown in his military records.

4.  The Army has an interest in maintaining the accuracy 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.

5.  The applicant is advised that a copy of this decisional document along with his application will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record.

6.  The evidence of record shows the applicant was awarded the GWOTEM for his overseas service in southwest Asia.  If he desires to exchange this medal for the ICM he may submit a new application provided he includes evidence of where and when he served in Iraq.  His available military records do not contain this information.

7.  The available evidence shows his record has already been corrected to show he was awarded the GWOTSM.

8.  The available evidence shows he served only 5 months and 17 days of overseas service, which is insufficient for tour completion credit.  As such, he is not eligible for the OSR.

9.  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 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)                                         AR20140000790



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ABCMR Record of Proceedings (cont)                                         AR20150001552



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