ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20180010789 APPLICANT REQUESTS: * his last name changed ordered on his court documents and corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) * awarded the Korea Defense Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge From Active Duty) (name Lovelace) * Court Order (name change) * Application for Birth Certificate * Birth Certificate 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 he would like to change his last name as ordered by his court documents. He would also like to be awarded the Korean Service Ribbon, as it is missing from block 13 on his DD Form 214. He would like to have his DD Form 214 corrected to reflect corrections, per his requests. His last name change is due to him resuming his birth name and his Korea Service Ribbon is missing alongside his list of awards in block 13 on his DD Form 214. 3. The applicant provides: a. A court document adjudged on 9 August 2007, which shows the applicant’s request to have his named changed. The document also states he was born with the last name of ------ on J---, #_ 19--, and he has appeared before the court and has always gone by his birth name. However, the court found that the applicant has never been convicted of any offenses and has ordered, adjudged and decreed his name changed to X. X. Xx___ for legal purposes. b. His application for a Tennessee birth certificate. The date of his application is 9 August 2017 and his birth name on his application is X__X__ X__. c. His Tennessee birth certificate which shows his name as X__X__ X__, his last name is scratched out and Xx___ is typed beside it. d. A copy of his DD Form 214, which shows his name as X__X__ X__. 4. A review of the applicant’s service record shows: a. Having prior service in the U.S. Army Reserve, he enlisted on 19 September 1989 in the regular Army. His DD Form 4 (Enlistment/Reenlistment Document) shows in item 1 Name (Last, First, Middle) as X------. b. His DA Form 2-1 (Personnel Qualification Record – Part II), shows his last name as X------. It also shows he completed one tour in Korea from 27 August 1993 through 26 July 1994. 5. His record does not contain documentation showing his last name as X----. 6. He was released from active duty on 18 November 1995. His DD Form 214 shows he completed 6 years and 2 months of net active service and 1 year of foreign service; however, no foreign service (location) was listed. He was awarded or authorized the: * Army Achievement Medal * Army Lapel Button * Army Commendation Medal * Army Good Conduct Medal (2nd) Award * National Defense Service Medal * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Badge Hand Grenade Badge * Sharpshooter Marksman Qualification Badge with Rifle Bar (M-16) * Aircraft Crewman Badge * Driver Mechanic’s Badge 7. Per regulation, the KDSM is authorized for members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The applicant served in Korea during a qualifying period of time for authorization to wear the KDSM. 8. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active Army service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. He served in the Republic of Korea; however, his DD Form 214 does not show the KDSM. The Board agreed to add the decoration. The applicant used the contested name during his entire period of service. Therefore, the Board determined the overall merits of his request to change his name are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his legal name documented in his military records. 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 the Army records of the individual concerned be corrected by adding the Korea Defense Service Medal to his DD Form 214. 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 his name. 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. REFERENCES: 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. 2. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 3. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, the Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. The Korea Defense Service Medal (KDSM) was authorized by section 543 of the National Defense Authorization Act of 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010789 4 1