IN THE CASE OF: 

		BOARD DATE: 11 March 2022

		DOCKET NUMBER: AR20210015620


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 8 January 1969 to 
show his name as shown on his Certificate of Naturalization.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214
*	U.S. Department of Justice Certificate of Naturalization, 11 October 1991
*	State Driver's License, 21 January 2020

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. 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 his name was changed during his naturalization process. The 
name shown on his DD Form 214 is no longer his name.

3.  He was inducted into the Army of the United States on 17 January 1967. His 
DD Form 47 (Record of Induction) shows his name as also known as 

4.  His DD Form 398 (Statement of Personal History), 19 January 1967, shows he 
recorded his name as 

5.  Headquarters, 3d Brigade, U.S. Army Training Center, Fort Ord, CA, Special Orders 
Number 37, 8 March 1967, awarded him the Marksman Marksmanship Qualification 
Badge with Rifle Bar (M-1). The orders show his name as ?
6.  A review of his Official Military Personnel File revealed all applicable documents 
show his name as 

7.  He was honorably released from active duty on 8 January 1969 and transferred to 
the U.S. Army Reserve Control Group (Annual Training). Item 1 (Last Name – First 
Name – Middle Name) of his DD Form 214 shows his name as also known as 

8.  The applicant provided the following documents in support of his request:

	a.  his U.S. Department of Justice Certificate of Naturalization, 11 October 1991, 
showing he was granted citizenship via naturalization from on 11 October 1991 under 
the name with no middle name or initials as decreed by the District Court; and

	b.  his State driver's license, 21 January 2020, showing his name as 

BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the applicant's military records, the Board found that relief was warranted. The 
applicant's contentions, his military records, and regulatory guidance were carefully 
considered. The evidence shows the applicant’s name was changed by way of a court-
order. Army guidance is to reissue separation documents when a court-ordered name 
change is provided.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to depict the military 
service of the applicant more accurately.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing him a DD Form 
214 for the period ending 8 January 1969 showing the name reflected on the court-
ordered name change and additions shown in the administrative notes below.


	
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.  For historical purposes, the Army has an interest in maintaining the integrity of its 
records. The data and information contained in those records should reflect the 
conditions and circumstances that existed at the time the records were created. In the 
absence of a showing of material error or injustice, there is a reluctance to recommend 
that those records be changed.

2.  The applicant is authorized administrative correction of his DD Form 214 for the 
period ending 8 January 1969 without Board action to show the following awards:

*	four bronze service stars with his already-authorized Vietnam Service Medal
*	Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

?
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 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.  A Declaration of Intention is the act of an alien, who goes before a court of record, 
and in a formal manner declares that it is, bona fide, his intention to become a citizen of 
the United States, and to renounce forever all allegiance and fidelity to any foreign 
prince, potentate, state, or sovereignty, whereof he/she may at the time be a citizen or 
subject. This declaration must, in usual cases, be made at least 3 years before his/her 
admission.

3.  Army Regulation 600-8-22 (Military Awards), 5 March 2019, prescribes Department 
of the Army policy, criteria, and administrative instructions concerning individual and unit 
military awards. A bronze service star is authorized with the Vietnam Service Medal for 
each Vietnam campaign a member is credited with participating in. Table B-1 shows 
that during his service in Vietnam, campaign participation credit was awarded for the 
following campaigns:

*	Tet Counteroffensive – 30 January 1968-1 April 1968
*	Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968
*	Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968
*	Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register), 29 January 1988, lists the awards received by units serving in 
Vietnam. This pamphlet shows the unit to which the applicant was assigned was 
awarded the:

*	Meritorious Unit Commendation in Department of the Army General Orders 
Number 39, 1970
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the 
Army General Orders Number 8, 1974

5.  Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the 
separation documents that are furnished to individuals who are retired, discharged, or 
released from active military service. The DD Form 214 is a synopsis of the Soldier's 
most recent period of continuous active duty. It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or discharge.

	a.  The general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.

	b.  The specific instructions for item 1 stated to enter the last name, first name, and 
full middle name or names, if any.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210015620


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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