IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150004061
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 DA Form 4980 (Army Commendation Medal Certificate), dated 13 April 2004, to show the spelling of his first name and middle initial as DEDRYCK L. instead of DEREK A.
2. The applicant states his first name and middle initial are misspelled on the certificate and he presumes them to be typographical errors.
3. The applicant provides a copy of the DA Form 4980, dated 13 April 2004.
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. The applicant enlisted in the Regular Army on 27 March 1986. On 25 September 1992, he was honorably released from active duty upon expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows his first name spelled as DEDRYCK and his middle initial as L.
3. On 1 March 1994, he enlisted in the Army National Guard (ARNG). His National Guard Bureau (NGB) Form 21 (Annex A DD Form 4, Enlistment/
Reenlistment Agreement ARNG) shows his first name spelled as DEDRYCK and his middle initial as L.
4. He was mobilized with his ARNG unit in support of the Global War on Terrorism on 15 March 2003. From 3 June 2003 through 4 June 2004, he deployed to Iraq.
5. He provided a copy of an Army Commendation Medal Certificate, dated 13 April 2004, showing 115th Engineer Group (Construction) Permanent Order 02-16 awarded him the Army Commendation Medal for meritorious service and dedication to duty during Operation Iraqi Freedom from 5 June 2003 through 29 November 2003. His first name is spelled as DEREK and his middle initial is shown as A. His last name is spelled as it appears on all documents contained in his military records.
6. A review of his Interactive Personnel Electronic Records Management System records shows a copy of the Army Commendation Medal Certificate in question was uploaded to his performance folder.
7. On 25 July 2004, he was released from active duty and returned to the control of his ARNG unit. The DD Form 214 he was issued at the time shows his first name spelled as DEDRYCK and his middle initial as L.
8. His first name is consistently spelled as DEDRYCK and his middle initial as L throughout his entire military records. Nowhere in his records, with the exception of the Army Commendation Medal Certificate in question, is his first name spelled as DEREK
or his middle initial shown as A.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his Army Commendation Medal Certificate to show the spelling of his first name as DEDRYCK and his middle initial as L was carefully considered.
2. His records contain an Army Commendation Medal Certificate showing he was awarded the Army Commendation Medal for meritorious service during his deployment to Iraq.
3. All documents in his military records support the requested spelling of his first name as DEDRYCK and his middle initial as L. It is reasonable to presume that an administrative error resulted in the misspelling on the original certificate.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 reissuing him an Army Commendation Medal Certificate showing the spelling of his first name as DEDRYCK and his middle initial as L as shown throughout his military records.
_______ _ _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) AR20150004061
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