PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               16 March 2000 
	DOCKET NUMBER:       AR1999029926

	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.  

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Report or Transfer or Discharge) to show his last name ending as “ey” instead of “ie” and to show his middle name as “Kenneth”.  He also requests award of the Good Conduct Medal and the National Defense Service Medal. 

3.  The applicant states that a legal birth certificate was obtained for him at birth and he started using his last name with “ey” instead of “ie” in 1969, as indicated on his DD Form 214.  Also, he requests the correct spelling of his name on his DD Form 214 to prevent confusion of his military record for veterans benefits or other purposes.  In support of his application, he provides photocopies of his DD Form 214, Record of Birth, Navajo Nation Voter Registration Card, Social Security Card, Driver’s License, Certificate of Navajo Indian Blood, and two diplomas for Associate Degrees in Science and Arts.

4.  The applicant’s military records show that he enlisted in the Army on 19 September 1962, completed training as a wireman and was assigned to Germany.  On 20 September 1965, he was discharged from active duty with an Honorable Discharge Certificate.

5.  The applicant’s DD Form 214 shows his last name ending in “ie,” in item 1 (Last Name, First Name, Middle Name).  His discharge document does not show the Good Conduct Medal or the National Defense Service Medal as authorized awards.

6.  The applicant provided copies of his record of birth and social security card which show his birth name ending in “ey”.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27  July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  Evidence of record shows the applicant’s last name at birth ending in “ey” and his middle name as “Kenneth”; therefore, he is entitled to correction of item 1 of his DD Form 214 to show his last name ending in “ey” and to show his middle name as “Kenneth”.

2.  The applicant served during a period of qualifying service authorized for award of the National Defense Service Medal; therefore, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 19 September 1962 through 20 September 1965 based on completion of three years of qualifying service.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by amending item 1 of the individual concerned DD Form 214 to show his last name ending in “ey” instead of “ie” and to show his middle name as “Kenneth”;

	b.  by showing he was awarded the Good Conduct Medal for the period 19 September 1962 through 20 September 1965 and the National Defense Service Medal.

BOARD VOTE:  

JLP____  OWT____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029926	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.00	
3.		
4.		
5.		
6.