IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110008225


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his last name on his orders awarding him the Combat Action Badge be corrected to Mxxxaxxx.

2.  The applicant states his last name is misspelled on the orders.

3.  The applicant provides:

* orders for the award of the Combat Action Badge
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 March 2005
* orders to active duty on 5 January 2004

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the New Jersey Army National Guard (ARNG) on 26 March 1996.  He had previously served in the Regular Army for 6 years, 1 month, and 28 days.  His DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his last name spelled Mxxxaxxx. 

2.  National Guard Bureau (NGB) Forms 22-5-R-E (Approval and Acceptance by Service Representative for Interstate Transfer in the Army National Guard) show he transferred to the:

* Tennessee ARNG on 4 October 1998
* Virginia ARNG on 24 September 2003
* North Carolina ARNG on 25 August 2008
* Connecticut ARNG on 23 October 2009
* South Carolina ARNG on 3 April 2011 (where he continues to serve)

3.  All five NGB Forms 22-5-R-E show his last name spelled Mxxxaxxx. 

4.  On 29 October 2009, he was ordered to active duty effective 18 November 2009 in support of Operation Enduring Freedom.  His orders show his last name spelled Mxxxaxxx.

5.  U.S. Army Human Resources Command (HRC), Alexandria, VA Permanent Order 324-24, dated 20 November 2009, awarded him the Combat Action Badge.  His last name on the orders is spelled Mxxxoxxx.

6.  On 18 February 2011, he was released from active duty.  Item 1 (Name) of his DD Form 214 shows his last name is spelled Mxxxaxxx.

7.  All documents listed above identify him with the same social security 
number (SSN).

DISCUSSION AND CONCLUSIONS:

His DD Form 4, five NGB Forms 22-5-R-E, orders for active duty, and 
DD Form 214 with a separation date of 18 February 2011 all show his last name spelled Mxxxaxxx and the same SSN.  The preponderance of evidence in this case shows that his last name on his orders for award of the Combat Action Badge is misspelled.  Therefore, HRC, Alexandria, VA Permanent Order 324-24, dated 20 November 2009, should be amended to show his last name spelled as Mxxxaxxx as shown in item 1 of his DD Form 214.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending HRC, Alexandria, VA Permanent Order 324-24, dated 20 November 2009, to show his last name spelled Mxxxaxxx as shown in item 1 of his 
DD Form 214.





      _______ _   _X______   ___
       	   CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20110008225





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ABCMR Record of Proceedings (cont)                                         AR20110008225



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