RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 April 2006
      DOCKET NUMBER:  AR20050009988


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. David K. Haasenritter         |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request to add
the suffix "III" to his last name on his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 13 May 1994,
as corrected by the Army Discharge Review Board (ADRB).

2.  The applicant also requests that the Navy Good Conduct Medal, the Sea
Service Deployment Ribbon Navy-Marine (2nd) with two stars, and the Navy
Battle "E" Award (2nd) be added to his DD Form 214 for the period ending
    13 May 1994, as corrected by the ADRB.

3.  The applicant states his generation (i.e., "III") has been added to all
documents relating to him and, since the DD Form 214 is one of the most
important documents he will ever have, it should also reflect his correct
generation of "III."  It should be corrected to prevent fraudulent
activities.  He has been a recent victim of identity theft and will need
this document to match all other documents for a review of Department of
Veterans Affairs (VA) benefits.  He states that in order to sign this newly-
prepared document lawfully, his name should be listed as "III."

4.  The applicant provides the court order amending his name; a copy of his
amended social security card; copies of his amended birth records; a 14 May
2004 letter from the ADRB; an 18 May 2004 letter to the ADRB; his corrected
DD Form 214 for the period ending 13 May 1994; two letters, dated 7 October
2003 and 8 July 2004, from the Review Boards Agency; Army Board for
Correction of Military Records (ABCMR) Docket Number AR20040008380, dated 7
June 2005; a 23 September 2004 letter from the National Personnel Records
Center; his DD Form 214 from the U. S. Navy; a Statement of Service dated
15 April 1994; and an 8 August 2003 letter from the Board for Correction of
Naval Records.

5.  The applicant states he provided letters from the VA and the Social
Security Administration; however, no such letters were included with his
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR20040008380 on 7 June 2005.

2.  The applicant's argument concerning his name change is a new argument
which will be considered by the ABCMR.  In addition, the request to add
awards to his Army DD Form 214 is a new issue.

3.  The applicant enlisted in the U. S. Navy on 20 January 1987 and was
released from active duty on 19 January 1991.  His DD Form 214 for the
period ending 19 January 1991 shows he was awarded, among other awards, the
"Sea Svc Deployment Ribbon (2nd)" and the "Navy Battle "E" Award (2nd)."
The Navy Good Conduct Medal is not listed.

4.  The applicant enlisted in the Regular Army on 11 February 1993.  He was
discharged with a general discharge on 13 May 1994.  On 29 August 2003, the
ADRB upgraded his discharge to honorable and a new DD Form 214 was prepared
to reflect the upgrade.

5.  The applicant's corrected DD Form 214 for the period ending 13 May 1994
shows his suffix as "JR."  His awards on this DD Form 214 include the "Sea
Service Deployment Ribbon Navy-Marine w/1 star" and the "Navy E Ribbon-1."
This DD Form 214 is signed by an authorized official in item 22 (Official
Authorized to Sign).  The applicant's signature does not appear in item
         21 (Signature of Member Being Separated).

6.  The applicant's Army enlistment contract and his Army service personnel
records show the suffix to his last name is "JR."

7.  On 11 April 2003, the applicant legally changed the suffix of his last
name to "III."

8.  By letter dated 8 August 2003, the Board for Correction of Naval
Records informed the applicant that it "does not entertain requests to make
administrative correction to records and/or documents."

9.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  As the applicant was informed in the original consideration of his
case, the evidence of record shows the suffix "JR" was used at the time of
his enlistment and discharge from the Army.  For historical purposes, the
Army has an interest in maintaining the accuracy of its records.  The data
and information contained in those records should actually 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, this
ABCMR is reluctant to recommend that those records be changed.

2.  The applicant contended he needs his DD Form 214 for the period ending
   13 May 1994, as corrected by the ADRB, to reflect his suffix as "III" as
he has been a victim of identity theft and will need this document to match
all other documents for a review of VA benefits.  He stated a letter from
the VA was included with his application; however, no such letter was
available.

3.  If the applicant could provide a letter from the VA stating that they
will not accept his DD Form 214 for the period ending 13 May 1994, as
corrected by the ADRB, together with the Record of Proceedings from ABCMR
Docket Number AR20040008380 dated 7 June 2005, without the requested
correction to his name, he may resubmit his application and the ABCMR will
reconsider granting his request as an exception to policy.

4.  An authorized official has signed the applicant's DD Form 214 for the
period ending 13 May1994, as corrected by the ADRB.  The applicant's
signature is not required on this corrected DD Form 214.

5.  The applicant requested the Navy Good Conduct Medal be added to his DD
Form 214 for the period ending 13 May 1994, as corrected by the ADRB.
However, there is no evidence of record and he provides no evidence to show
he was awarded the Navy Good Conduct Medal.  If the applicant does not have
orders awarding him the Navy Good Conduct Medal, and notwithstanding the
content of the 8 August 2003 letter from the Board for Correction of Naval
Records (which pertained to administrative corrections), the applicant
should apply to the Board for Correction of Naval Records for award of the
Navy Good Conduct Medal.  The ABCMR has no authority to correct U. S. Navy
records or to award a U. S. Navy award.

6.  The applicant requested that the "Sea Service Deployment Ribbon Navy-
Marine (2nd) with two stars" and the "Navy Battle "E" Award (2nd)" be added
to his Army DD Form 214.  The ABCMR cannot determine if the actual entries
("Sea Service Deployment Ribbon Navy-Marine w/1 star" and the "Navy E
Ribbon-1") on his DD Form 214 for the period ending 13 May 1994, as
corrected by the ADRB, are erroneous or are the Army equivalent of the Navy
entries.  In any case, it appears the entries on the corrected Army DD Form
214 are confusing to the applicant.  Therefore, it would be appropriate to
delete those two entries and to enter them as they are listed on his Navy
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___rtd__  ___phm__  ___dkh__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As regards the applicant's request for reconsideration of his request
to add the suffix "III" to his DD Form 214 for the period ending 13 May
1994, as corrected by the ADRB, 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
to amend the decision of the ABCMR set forth in Docket Number AR20040008380
dated 7 June 2005.

2.  As regards the applicant's request to add the Navy Good Conduct Medal
to his DD Form 214 for the period ending 13 May 1994, as corrected by the
ADRB, 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 to grant this relief.

3.  As regards the applicant's request to add the Sea Service Deployment
Ribbon Navy-Marine (2nd), with two stars and the Navy Battle "E" Award
(2nd) to his DD Form 214 for the period ending 13 May 1994, as corrected by
the ADRB, 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:

     a.  amending his DD Form 214 for the period ending 13 May 1994, as
corrected by the ADRB, to delete the entries "Sea Service Deployment Ribbon
Navy-Marine w/1 star" and the "Navy E Ribbon-1" and

     b.  adding the entries "Sea Service Deployment Ribbon (2nd)" and "Navy
Battle "E" Award (2nd)."




                                  __Richard T. Dunbar___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009988                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060413                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.01                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]