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ARMY | BCMR | CY2004 | 20040010193 C070208
Original file (20040010193 C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010193


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the Army Reserve Personnel Command Orders
D-11-977289, dated 22 November 1999, and related documents, be corrected to
show her first name as N____ M____ and her address as Natchez, Mississippi.


2.  The applicant states that the errors are resulting in problems in
obtaining Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of Army Reserve Components Personnel,
Administration Center Orders, dated 18 April 1983, Army Reserve Personnel
Command (Discharge) Orders D-11-977289, and a Summary of Points Inquiry,
dated 30 August 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 November 1999, the date of her separation from the Army
Reserve (USAR).  The application submitted in this case is dated 6 November
2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The microfiche of the applicant's Official Military Personnel File
(OMPF) is incomplete in as much as all pertinent documents are recorded on
it.  However, there were sufficient documents in the record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant's records show she received a USAR commission in the Army
Nurse Corps with a date of rank of 3 June 1981.

5.  All of the available documents in her OMPF, except those in question,
show the spelling of her name as N____ M____ and her home of record city as
Natchez, Mississippi.

6.  Army Reserve Personnel Command Orders D-11-977289, dated 22 November
1999, honorably discharged the applicant from the USAR.  The orders list
the applicant as V_____ M_____ with a home address of Church Hill,
Mississippi.

7.  The computer generated Retirement Points Accounting System, Summary of
Points Inquiry, dated 30 August 2004, lists the applicant's name as V____
M____.

DISCUSSION AND CONCLUSIONS:

1.  The orders discharging the applicant from the USAR in 1999 incorrectly
spell her first name with a V and not an N.  This error appears to have
resulted in the computerized records of her service also carrying the
incorrect spelling of her first name.

2.  The errors in the discharge order and subsequent computerized records,
as noted by the errors on the Retirement Points Accounting System Summary,
are creating an injustice and should be corrected.

3.  Therefore, the discharge orders, D-11-977289, should be amended to show
the correct spelling of her name as N____ M____.

4.  Further steps should be taken to also correct all of the computerized
files to reflect the correct spelling of her name.

5.  The applicant has failed to provide any documentation to show that the
Church Hill address was not correct at the time of her discharge.  In order
to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise satisfactorily appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement for this portion of her
request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MKP___  __REB __  __LMB__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending the Army
Reserve Personnel Command Orders D-11-977289 to reflect that the correct
spelling of her first name begins with an "N" not a "V", and that this
correction be reflected in all her computerized records.

2.  The Board further determined that 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
the home of record city listed on her discharge orders.




                            _   Margaret K. Patterson________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010193                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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