IN THE CASE OF: BOARD DATE: 25 January 2023 DOCKET NUMBER: AR20220006845 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth 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 the middle name shown on his DD Form 214 is incorrect. His spouse passed away and he is having problems in claiming a pension as beneficiary. Without the correction, the government will deny his claim and he needs the pension to survive. 3. The applicant enlisted in the Regular Army on 15 December 1950. His DD Form 4 (Enlistment Record – United States Army) does not show a middle name in item 1 (Last Name – First Name – Middle Name). 4. The applicant was discharged on 15 December 1953. His DD Form 214 for this period of active service 5. The applicant reenlisted in the Regular Army on 13 January 1955. His DD Form 4 6. The applicant was discharged for the purpose of immediate reenlistment on 17 October 1957. His DD Form 214 for this period of active service shows the entry 7. The applicant reenlisted on 18 October 1957. His DD Form 4 shows the entry (NMM) in item 1. He was issued a Certification of Military Service for his period of active service from 18 October 1957 to 17 October 1963 that shows his middle initial 8. The applicant reenlisted on 18 October 1963. His DD Form 4 shows the entry (NMM) in item 1. He was discharged for the purpose of immediate reenlistment on 17 October 1969. His DD Form 214 for this period of active service 9. The applicant reenlisted on 18 October 1969. His DD Form 4 10. On or around 29 April 1970, the applicant was given a Letter of Appreciation which shows 11. The applicant submitted a DA Form 2339 (Application for Voluntary Retirement), dated 8 December 1971, and listed 12. Orders issued on 24 January 1972 directed the applicant's release from active duty and placement on the Retired List effective 31 January 1972. The orders show 13. The applicant was retired on 31 January 1972. His final DD Form 214 shows his middle name as. He signed the DD Form 214 and recorded his middle name as 14. The applicant's DA Form 20 (Enlisted Qualification Record) and DD Form 230 (Service Record) do not show 15. The applicant provided his Certificate of Birth which shows 16. A review of the applicant’s service record contains sufficient evidence to support he is eligible for awards that are not annotated on his DD Form 214 for the period ending 31 January 1972. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicants petition and available military records the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested middle name during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. 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 middle name recorded in his military records and to satisfy his desire to have his legal middle name documented in his military records. 3. However, during deliberation the Board determined the applicant’s record was absent awards for his service in Korea and during his deployment to the Republic of Vietnam. As such, the Board voted to grant partial relief to correct the record an add the Korea Defense Service Medal, 4. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the 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. 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 (KDSM) * Consolidation I * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 correction of his DD Form 214 to show his middle name as instead of 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. ADMINSTRATIVE NOTES A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 31 January 1972. As a result, amend his DD Form 214 for the period ending 31 January 1972 by adding award of: * National Defense Service Medal * Sharpshooter Marksmanship Badge w/ Pistol Bar * Sharpshooter Marksmanship Badge w/Rifle Bar * Sharpshooter Marksmanship Badge w/ M16 Rifle * Expert Marksmanship Badge w/Green Bar * 4 Overseas Bars * Vietnam Campaign Medal w/60 Device * Vietnam Counteroffensive Phase VII * Army Good Conduct Medal (1st Award) for exemplary service from 15 December 1950 to 15 December 1953 and adding the medal to his DD Form 214 for the period ending 15 December 1953 * Army Good Conduct Medal (2nd Award) for exemplary service from 13 January 1955 to 17 October 1957 and adding the medal to his DD Form 214 for the period ending 17 October 1957 * Army Good Conduct Medal (3rd Award) for exemplary service from 18 October 1957 to 17 October 1963 and adding the medal to his DD Form 214 for the period ending 17 October 1963 * Army Good Conduct Medal (4th Award) for exemplary service from 18 October 1963 to 17 October 1969 and adding the medal to his DD Form 214 for the period ending 17 October 1969 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. Army Regulation 635-5 (Separations Documents), in effect at the time, 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006845 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1