IN THE CASE OF:  

		BOARD DATE:  7 December 2021

		DOCKET NUMBER:  AR20210011366


APPLICANT REQUESTS:  in effect, correction of his records, to show his legal name 
(B) instead of his contested name (A).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Photograph of 2 Purple Heart Certificates and 1 Purple Heart medal
*	Decree Changing Name
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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, in effect, years after his discharge, he requested to be awarded 
the Purple Hearts he deserved from his injuries in Iraq 2006-2007.  He received the 
Purple Heart (2nd Award) but only received one medal and that medal has his 
contested name engraved on the back.  He requests a second medal be sent to him.  In 
addition, once his name change has been corrected in his records, he requests the 
medals be engraved with his current (legal) name.  

3.  The applicant requests reissuance of his Purple Heart medal set.  Army Retiree and 
Veterans may submit a request to the National Personnel Records Center, 1 Archives 
Drive, St. Louis, MO  631XX-1XXX.  Requests must include a copy of the 
retiree's/veteran's separation or discharge paperwork and any other supporting 
documentation to substantiate the request.  Based on the information provided, the 
applicant's issue of replacement of his Purple Heart medal set will not be discussed 
further in this proceeding.

4.  The applicant enlisted into the Regular Army on 21 July 2005.  Item 1 (NAME (Last, 
First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of 
the United States) lists the contested name (A).

5.  The applicant was honorably released from active duty on 30 November 2008.  His 
record contains a DD Form 214 which lists the contested name (A).

6.  The applicant provides a copy of a Decree Changing Name from a District Court 
which changed his name to (B) as he requests effective 23 March 20XX.

7.  His records contain DD Form 215 (Correction to DD Form 214), dated 14 March 
2014, which added the Purple Heart (2nd Award).

8.  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 that relief 
was not warranted. Board members noted that the applicant did not use the requested 
name during his military service. He was separated on 30 November 2008. His 
DD Form 214 lists the contested name (A). His decree changing name occurred on 23 
March 2009. 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 members voted to 
deny relief



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	:X	:X	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.

		  
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, United States 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 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 635-8 (Separation Processing and Documents) prescribes 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.  Block 1 (NAME (Last, First, Middle)) states to compare 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).
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210011366


2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1