ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:   11 August 2020DOCKET NUMBER:  AR20190006014 




APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as M____ instead of  B____. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record), dated 19 May 2019

.Standard Certificate of Birth, State of South Carolina, dated 16 July 1944

.Incident Report, dated 31 December 2013

.Department of Veteran Affairs letter, dated 7 June 2016

.DD Form 214



FACTS: 





1.The applicant did not file within the three-year time frame provided in Title 10,U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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:a.He entered the service under the name B____ not knowing that was not 







his birth name.  He has his mother's last name and not his father's last name. b. His family was separated when he was one year-old and he was raised by friends of his family.  His mother was institutionalized. c. He received his birth certificate in 1971 and he discovered his last name was M____. d. Due the Patriot Act, he needs his DD Form 214 corrected.  The error is causing him to have difficulty handling his business affairs. 3. On 4 August 1964, the applicant was inducted into the Army of the United States.




4.His DA Form 20 (Enlisted Qualification Record) shows in:a.item 1 (Name) – B____, .b.item 29 (Qualification in Arms) – award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

c.item 31 (Foreign Service) – service in Vietnam from 10 November 1965 to7 August 1966. 

d.item 38 (Record of Assignments), in part – 124th Transportation Company for theperiod 9 November 1965 to 2 August 1966. 

e.item 41 (Awards and Decorations) –

.Vietnam Service Medal

.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

.National Defense Service Medal



f.item 44 (Time Lost Under Section 972, Title 10, USC, and Subsequent to NormalExpiration of Term of Service) – 

.4 October 1964 – absent without leave

.22 March 1966 to 31 March 1966 – confinement







5.On 5 August 1966, he was honorably released from active duty.  He completed1 year, 11 months and 21 days of net service.  Item 1 (Name) of his DD Form 214 shows in his name as B____, .6.The applicant provided copies of:a.his Standard Certificate of Birth from the State of South Carolina which shows his 



name as M____. b. an Incident Report, dated 31 December 2013, which shows the applicant's name listed as M____. c. his VA service verification letter, dated 7 June 2016, which shows, in part, his

name as M____. BOARD DISCUSSION: 

1.The evidence presented does not demonstrate the existence of a probable error orinjustice pertaining to the applicant's request to correct his name in the record.  TheBoard found insufficient evidence in the applicant’s record of the name he requests to
reflect on his DD Form 214; the applicant's official military personnel file contains documents that show he consistently used the name listed on his DD Form 214 and entrance documents, throughout his service. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. 

2.The applicant is advised that a copy of this decisional document will be filed in hisofficial military personnel file.  This should serve to clarify any questions or confusionabout the difference in the name recorded in his military records and the name on hismarriage certificate and other current identification documents.

3.The Board also discussed that the applicant may not be aware of the ability to go tothe nearest military installation’s DEERS (Defense Enrollment Eligibility ReportingSystem) office to change the name in his records.

4.The Board also discussed that the applicant could go to the nearest militaryinstallation Retirement Services Office to request corrections regarding his namechange.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 


X 

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.The applicant served a qualifying period of service for award of the following awardsnot listed on his DD Form 214:

.two bronze service stars to his previously-issued Vietnam Service Medal

.Meritorious Unit Commendation (2nd Award)

.Republic of Vietnam Gallantry Cross with Palm Unit Citation

.Republic of Vietnam Campaign Medal with Device (1960)

.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



2.Item 30 (Remark) of his DD Form 214 does not show his service in Vietnam from10 November 1965 to 7 August 1966.

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribedpolicy and procedural guidance relating to transition management.  It establishedstandardized policy for preparation of the DD Form 214 which provides a brief, clear-cutrecord of all current active, prior active, and prior inactive duty service at the time ofrelease from active duty, retirement, or discharge.  Instructions stated all availablerecords would be used as a basis for the preparation of the DD Form 214A(Worksheet), including DA Form 24 (Service Record), DA Form 20, DA Form 66 (OfficerQualification Record), and orders.  After thorough comparison had been made betweenthe entries on the DD Form 214A and those on the DD Form 214, the worksheet wouldbe retained by the transfer activity for 6 months and then destroyed.  Specificinstructions stated for:

a.item 1, to enter last name, first name, and full middle name, if any and

b.item 26, to enter decorations, etc., awarded or authorized during the periodcovered by the DD Form 214, omitting authorities cited therein. 

3.Army Regulation 600-8-22 (Military Awards) provides prescribes Army policy,criteria, and administrative instructions concerning individual and unit military awards.

a.One bronze service star is authorized with the Vietnam Service Medal for eachcampaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 

b.The Republic of Vietnam Campaign Medal with Device (1960) was awarded bythe Government of the Republic of Vietnam to service members of the U.S. Armed Forces who served in the Republic of Vietnam for 6 months during period 1 March 1961 to 28 March 1973, inclusive.  To qualify, personnel must have served in the Republic of Vietnam for 6 months or for less than 6 months and have been: 

.wounded by hostile forces

.captured by hostile forces, but later escaped, was rescued, or released

.killed in action or otherwise in the line of duty



4.Army Pamphlet Department of the Army Pamphlet 672-3 (Unit Citation andCampaign Participation Credit Register), in effect at the time, contains a register of unitcitations and campaign participation credits for the Vietnam Conflict, the GrenadaOperation, and the period of service subsequent to the Vietnam Conflict up to February
1986.  This pamphlet shows the 124th Transportation Company was awarded the Meritorious Unit Commendation for the period August 1965 to May 1966 by Department of the Army General Orders(DAGO) Number 17, dated 1968, and for the period 1 June 1966 to 31 December 1967 by DAGO Number 17, dated 1969.  
 
5.  DAGO Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 
 
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