ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 July 2019

	DOCKET NUMBER:  AR20180001725


APPLICANT REQUESTS: 

* Name and Social Security (SSN) change
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Southwest Campaign Star (3rd)
* Southwest Asia Cease-Fire Campaign

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Affidavit Regarding Name
* Certificate of Live Birth
* Two IDs (Driver’s License/Department of Veterans Affairs) and SSN Card

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states when he entered into the military his real name was not used as stated on his birth certificate.  Please review attached court papers.  Also the wrong Social Security Number (SSN) was entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  The Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia) and Southwest Asia Cease-Fire Campaign were never listed on his DD Form 214.

3.  The applicant provides a copy affidavit regarding his name change, Certificate of Live Birth both from the state of Georgia and three proofs of identification.

4.  A review of the applicant’s service record shows the following: 

	a.  He enlisted in the Regular Army on 7 May 1985. 

	b.  He served using the contested SSN and contested name during his initial permanent duty assignment at Fort Stewart, Georgia.  He served a tour in Germany from December 1986 to March 1990, then he was reassigned to Fort Hood, Texas in May 1990.  He then reenlisted using the contested SSN and contested name on 28 November 1989.  He deployed to Southwest Asia from 11 October 1990 to 21 April 1991, then returned to Fort Hood.  He served using the contested SSN and contested name until his discharge on 6 December 1991. 

	c.  On November 1991, the applicant was notified by his immediate commander’s intent to separate him under the provisions of Army Regulation (AR) 635-200, (Enlisted Personnel - Personnel Separations) chapter 14-12(b) (Misconduct – pattern of misconduct) and he acknowledged on same date for pattern of misconduct.

	d.  On 12 November 1991, he was advised by his consulting counsel of the basis for the contemplated action to separate him for pattern of misconduct offense under the provisions of AR 635-200, chapter 14-12(b), its effect, of the rights available to him, and the effect of any action taken by him in waiving his rights.  He acknowledged:

* he had been afforded the opportunity to consult counsel
* that he was being consider for service characterization under honorable conditions (general)
* understood that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him
* understood that as the result of issuance of a discharge under other than honorable conditions he may be ineligible for many or all benefits as a veteran under both Federal and State laws and that he may expect to encounter substantial prejudice in civilian life

	e.  On 12 November 1991, the commander formally initiated separation under AR 635-200, chapter 14-12(b) and the chain of command recommended approval.

	f.  On 14 November 1991, the command reviewed the recommendation and concur that he be separated and issued a under honorable conditions (general) discharge certificate.

	g.  On 22 November 1991, the separation authority approved separation under AR 
635-200, chapter 14-12(b) with the issuance of an under honorable conditions (general) discharge.

	h.  On 6 December 1991, the applicant was discharged from active duty.  His DD Form 214 shows he was discharged for misconduct-pattern of misconduct under the provisions of AR 635-200, Chapter 14-12(b).  It shows he completed 6 year and 
7 months of active service.  It also shows he was awarded or authorized:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Southwest Asia Service Medal w/2nd Bronze Service Stars
* Army Achievement Medal 1st Oak Leaf Cluster
* Good Conduct Medal
* Driver and Mechanic Badge (Driver-T)
* Army Commendation Medal
* Marksman Marksmanship Badge with M16 Rifle Bar

5.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations.

6.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

7.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  For block 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes.  If a name change has occurred, list other names of record in block 18 (Remarks).

8.  By regulation, members that discreditable involvement with civil or military authorities.  Conduct prejudicial to good order and discipline.  Discreditable conduct and conduct prejudicial to good order and discipline includes conduct violate of the accepted standards of personal conduct found in the Uniform Code of Military Justice (UCMJ), Army regulations, the civil law, and time-honored customs and traditions of the Army.

9.  In reaching its determination, the Board can consider the applicants petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  After reviewing the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the requested name change was completed post-service and the DD Form 214 annotates information as of the date and time of publication. Therefore, the Board recommended denying the requested name change on the DD Form 214.  Additionally, based upon the applicant failing to provide justification for how the wrong SSN was originally used, the Board concluded there was insufficient evidence to show that an error or injustice was present which would warrant making a change to the SSN on the DD Form 214.  

However, based upon the administrative notes below from the analyst of review, the Board concluded there was sufficient evidence to add all requested awards to the applicant’s DD Form 214.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding:
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Southwest Campaign Star (3rd)
* Southwest Asia Cease-Fire Campaign
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the name and social security number as reflected on the applicant’s DD Form 214.
	 
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.

ADMINISTRATIVE NOTE(S):

1.  A review of the applicant's records shows his DD Form 214 omitted administrative entries in the Remarks block.  As a result, amend the DD Form 214 by adding in item 18 the entry "Continuous honorable service 19850507 to 19891127.”

2.  A review of the applicant’s records shows he is authorized awards and decorations not annotated on his DD Form 214.  As a result, below awards to his DD Form 214:

* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Southwest Campaign Star (3rd)
* Southwest Asia Cease-Fire Campaign

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, provides for the separation of enlisted personnel.  

	a.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor.  The honorable characterization is appropriate .when the quality of the member's service generally has met, the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 14 -12(b) (Pattern of Misconduct) states discreditable involvement with civil or military authorities.  Conduct prejudicial to good order and discipline.  Discreditable conduct and conduct prejudicial to good order and discipline includes conduct violative of the accepted standards of personal conduct found in the Uniform Code of Military Justice (UCMJ), Army regulations, the civil law, and time-honored customs and traditions of the Army.

3.  AR 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214.  It states for item 18 (Remarks) to Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable", enter "Continuous Honorable Active Service from" (first day of service for which DD Form 214 was not issued) until (date before commencement of current enlistment).

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.

ABCMR Record of Proceedings (cont)	 AR20180001725


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