IN THE CASE OF: 
BOARD DATE: 19 July 2023 
DOCKET NUMBER: AR20220011992 


APPLICANT REQUESTS: in effect, correct Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his legally-changed first name. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Driver License

•Department of Veterans Affairs Identification Card

•Birth Certificate

•DD Form 214




FACTS: 







1.The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, since being drafted into the military, his first name has changed from "" to ""; he has already made this correction on his birth certificate and his disability paperwork, and his DD Form 214 is the only remaining document that needs correction.3.A review of the applicant's service record reveals the following:a.On 20 January 1969, the Army of the United States inducted the applicant for a4.year term; the applicant's DD Form 47 (Record of Induction) lists his first name as"."

b.Upon completion of initial entry training and the award of military occupationalspecialty 11C (Infantry Indirect Fire Crewman), orders transferred the applicant to Vietnam; he arrived at his unit, 1st Battalion, 506th Infantry Regiment, on 10 July 1969. 

c.On 5 January 1970, Headquarters, 101st Airborne Division (Airmobile) GeneralOrders (GO) awarded the applicant the Bronze Star Medal with "V" Device for his heroism, on 12 August 1969. On 25 March 1970, GO awarded the applicant the Air Medal, for the period 15 September 1969 to 10 March 1970. On 27 March 1970, GO awarded the applicant the Army Commendation Medal for meritorious achievement, from 1 October 1969 to 28 February 1970. On 28 April 1970, GO awarded the applicant the Bronze Star Medal (2nd Award) for meritorious service during the period 1 July 1969 to 30 April 1970. 

d.On 22 June 1970, the applicant completed his tour in Vietnam and ordersreassigned him to an infantry battalion at Fort Riley, KS; he arrived, on 2 August 1970. On 19 January 1971, orders honorably released the applicant from active duty and transferred him to the U.S. Army Reserve to complete his remaining military service obligation. His DD Form 214 shows he completed 2 years of net active duty service; the form also reflects the following: 



(1)Item 1 states the applicant's first name is "."(2)Item 24 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized): 

•National Defense Service Medal

•Vietnam Service Medal

•Combat Infantryman Badge

•Republic of Vietnam Campaign Medal with Device (1960)

•Two overseas service bars

•Bronze Star Medal with "V" Device

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)





e. All documents in the applicant's service records reflect that, during his term ofmilitary service, his first name was "." Item 38 (Record of Assignments – Conduct – Efficiency), on the applicant's DA Form 20 (Enlisted Qualification Record), shows his leadership rated his conduct and efficiency as "Excellent" throughout his term of active duty; his record contains no disciplinary action.  f. On 6 January 1982, the applicant wrote the Office of The Adjutant General,U.S. Army Reserve Components Personnel and Administration Center (RCPAC) stating he had legally changed his first name from "" to "," and he requested this change be reflected in his military records. In support of his request, he provided a certified copy of the court order, dated 5 January 1982.  

g.On 18 March 1982, RCPAC responded with the following: "Since your name waschanged after your discharge, there is no authority for changing your records or issuing discharge documents to show your new name. When proof of name is required, it is suggested that the document(s) changing your name be presented with your separation papers. Your change of name has been recorded in your personnel file where it will be available for future reference."  

4.Army Regulation (AR) 635-5 (Separation Documents), in effect at the time,prescribed policies and procedures for the preparation of the DD Form 214. Theregulation stated that all available records were to be used as the basis for preparingthe DD Form 214; using those available records, DD Form 214 preparers were to enterthe Soldier's last name, first name, and middle name (if any) into item 1.

5.Service records are permanent historical documents, and any requests for correctionmust be carefully considered before changes are made. The Army has an interest inmaintaining the accuracy of its records, and, for historical purposes, the data andinformation contained in those records should reflect the conditions and circumstances,as they existed at the time of the records' creation.

6.AR 672-5-1 (Awards), in effect at the time, outlined criteria for the award of the ArmyGood Conduct Medal; the regulation stated:

a.The Army Good Conduct Medal was awarded for each 3 years of continuousenlisted active Federal military service completed on or after 27 August 1940. 

b.For the first award only, commanders could award the Army Good ConductMedal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that partial relief was warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulations. The Board determined the evidence presented does not demonstratethe existence of a probable error or injustice.  The applicant used the contested firstname during his entire period of service.  The Board determined the overall merits ofthis case are insufficient as a basis for correction of the records of the individualconcerned. The Board noted, the applicant did not provide a copy of his certified court order. 

2.The Army has an interest in maintaining the integrity of its records for historicalpurposes.  The information in those records must reflect the conditions andcircumstances that existed at the time the records were created.  In the absence ofevidence that shows a material error or injustice, there is a reluctance to recommendthat those records be changed. The applicant is advised that a copy of this decisionaldocument, along with his application and the supporting evidence he provided, will befiled in his official military records.  This should serve to clarify any questions orconfusion regarding the difference in the first name recorded in his military records andto satisfy his desire to have his legal first name documented in his military records.

3.However, the Board determined the applicant's service record did not reflect he wasawarded the Army Good Conduct Medal (1st award) and his record shows he received"excellent" conduct and efficiency ratings throughout his service for the period of 20Janaury 1969 to 19 Januayr 1971. Based on this the Board determined partial relief waswarranted to correct the applicant’s record awarding the Army Good Conduct Medal.

4.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.


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.In addition to the administrative notes annotated by the Analyst of Record (below thesignature), the Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by awardinghim the Army Good Conduct Medal (1st Award) for exemplary service from  20 January1969 to 19 January 1971 and adding the medal to his DD Form 214 for the periodending 19 January 1971.2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to correction of his DD Form 214 to show his legallychanged name.

Microsoft Office Signature Line...
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.AR 635-5, in effect at the time, stated the DD Form 214 was to list all decorations,service medals, campaign credits, and badges awarded or authorized.

2.AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medalis awarded to all members of the Armed Forces of the United States based on theirqualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze servicestar will be awarded for wear on the Vietnam Service Medal for the Soldier’sparticipation in each recognized campaign. Vietnam campaigns include:

•Summer-Fall 1969 (9 June 1969 to 31 October 1969)

•Winter-Spring 1970 (1 November 1969 to 30 April 1970)

•Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)



3.Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and CampaignParticipation Credit Register) shows:

a.Department of the Army General Order (DAGO) Number 48, dated 1971,awarded the 1st Battalion, 506th Infantry Regiment the Republic of Vietnam Civil Actions Honor Medal, First Class, for the period 3 October 1968 to 2 May 1970. 

c.DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Crosswith Palm Unit Citation to all units that served in Vietnam. 

4.The evidence of record shows GO awarded the applicant the following decorations:

•Bronze Star Medal (2nd Award)

•Air Medal

•Army Commendation Medal



5.Based on the foregoing, amend the applicant's DD Forms 214, ending 19 January1971, as follows:

a.Delete the Bronze Star Medal with "V" Device and Vietnam Service Medal.

b.Add the Bronze Star Medal (2nd Award) and "V" Device; Vietnam Service Medalwith three bronze service stars; Republic of Vietnam Civil Actions Honor Medal, First Class; and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.AR 635-5, in effect at the time, prescribed policies and procedures for thepreparation of the DD Form 214. The regulation stated that all available records were tobe used as the basis for preparing the DD Form 214; based on those available records,DD Form 214 preparers were to enter the Soldier's last name, first name, and middlename (if any) into item 1.

3.AR 672-5-1. in effect at the time, outlined criteria for the award of the Army GoodConduct Medal; the regulation stated:

a.The Army Good Conduct Medal was awarded for each 3 years of continuousenlisted active Federal military service completed on or after 27 August 1940. 

b.For the first award only, commanders could award the Army Good ConductMedal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 

//NOTHING FOLLOWS//