IN THE CASE OF: BOARD DATE: 25 July 2023 DOCKET NUMBER: AR20230000170 APPLICANT REQUESTS: in effect: * reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 December 1983 to show her last name as shown on her birth certificate * correction of her DD Form 214 for the period ending 30 December 1983 to show her marksmanship qualification badge(s) APPLICANT'S SUPPORTING DOCUMENT(S) 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 * Standard Certificate of Live Birth, 18 May 1994 * Standard Form 180 (Request Pertaining to Military Records, 20 September 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002083903 on 1 May 2003. 2. The applicant states she has no identification showing her last name as Le___. Her birth certificate shows her last name as La___. 3. She enlisted in the U.S. Army Reserve on 29 April 1975 under the Delayed Enlistment Program with a commitment to enlist in the Regular Army on 2 September 1975. Her DD Form 4 (Enlistment or Reenlistment Document Armed Forces of the United States) shows her last name as Le___. 4. Her DD Form 4, 2 September 1975, shows she reenlisted on that date for an overseas assignment under the last name Le___. 5. Her DD Form 4, 20 April 1981, shows she again reenlisted on that date under the last name Le___. 6. Her DD Form 93 (Record of Emergency Data), 6 July 1983, shows her last name and her parents' last names as Le___. 7. Headquarters, 7th Infantry Division and Fort Ord, Orders 247-338, 23 December 1983, reassigned her to the U.S. Army Separation Point for separation processing with a discharge date of 30 December 1983. Her last name is shown as Le___. 8. Item 1 (Name) of her DA Form 2-1 (Personnel Qualification Record Part II) shows her last name as Le___. 9. Item 5 (Oversea Service) of her DA Form 2-1 shows she received overseas tour credit for service in: * Germany from 27 January 1976 through 22 August 1978 (2 years, 6 months, and 26 days) * Korea from 26 August 1981 through 25 August 1982 (1 year) 10. Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 shows she was awarded or authorized the: * Army Good Conduct Medal (1st Award) * Overseas Service Ribbon * Army Service Ribbon 11. Her records do not contain marksmanship qualification scores or orders showing she was awarded any marksmanship qualification badges. 12. She was discharged under honorable conditions on 30 December 1983. She completed 8 years, 3 months, and 29 days of net active service, including 3 years, 6 months, and 26 days of foreign service, during this period. Her DD Form 214 shows in: * item 1 (Name (Last, First, Middle) her last name as Le___ * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) * Army Good Conduct Medal * Overseas Service Ribbon * Army Service Ribbon 13. She provided her Standard Certificate of Live Birth, 18 May 1994, showing her last name and her father's last name as La___. 14. On 1 May 2003 in Docket Number AR2002083903, the ABCMR denied her request for correction of her DD Form 214 to show her birth name. The Board determined: a. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, the Board is reluctant to recommend that those records be changed. b. Although the applicant's birth name (last name) is La___, all documents in her records show she served under the last name Le___. c. The Board finds no basis for compromising the integrity of the Army's records. 15. She provided a Standard Form 180, 20 September 2022, wherein she requested correction of her DD Form 214 to show her marksmanship qualification badge(s). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, her military records, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant used the contested last name during her period of military service. She did not use the requested name during that service. 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, unless there is sufficient evidence that shows a material error or injustice. Additionally, the applicant did not provide a post-discharge court-order for the name change. Based on a preponderance of evidence, the Board determined that the name listed on the applicant s DD Form 214 at the time of her separation was not in error or unjust. b. There are no orders, memorandum, Disposition Form, scorecard, or other documentary evidence that shows the applicant qualified with a weapon system or the degree of qualification. If the applicant can provide supporting evidence that shows she qualified with a particular weapon system and degree of qualification, she may resubmit her request for reconsideration. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, 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 to amend the decision of the ABCMR set forth in Docket Number AR2002083903 on 1 May 2003. 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): The applicant is authorized administrative correction of her DD Form 214 for the period ending 30 December 1983 to show award of the Korea Defense Service Medal without Board action. ? REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Korea Defense Service Medal is authorized for award to service members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea between 28 July 1954 and a date to be determined by the Secretary of Defense. 3. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated personnel officers will use the following source documents when preparing a DD Form 214: * DA Form 201 (Military Personnel Records Jacket) * DA Form 2 and 2-1 (Personnel Qualification Records) * separation orders * DD Form 4 * DA Form 3716 (Personnel Financial Record) * enlistment records and DD Forms 214 for prior service personnel * any other available records b. The specific instructions for item 1 stated to enter the name in all capital letters. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000170 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1