RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000071


      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             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, in effect, correction of item 1 (Name [Last])
to show the entry "J____ - H_____" and item 12a (Date entered AD This
Period), of her DD Form 214 (Certificate of Release or Discharge from
Active Duty), dated 31 August 1993, to reflect her entire duration of
service from 6 August 1973 to 31 August 1993.

2.  The applicant states, in effect, that item 1 and item 12a, of her DD
Form 214, are incorrect.  She also states that her DD Form 214 should
reflect her entire service duration from 6 August 1973 through 28 October
1976 and, to show her correct last name.  She served 20 years in the US
Army.

3.  The applicant provides a copy of her DD Form 214 and a copy of her NA
Form 13038 (Certification of Military Service) in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 September 1993, the date she was placed on the Retired
List.  The application submitted in this case is dated 19 December 2005.

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 applicant’s military records show that she enlisted in the US Army
Reserve (USAR) on 2 August 1973, for 3 years, with no prior military
service, under the last name of J______.  She enlisted in the Regular Army
(RA) on 6 August 1973 and entered active duty (AD) on the same day, as a
medical corpsman (91A).  She was promoted to sergeant (SGT/E-5) effective
5 November 1976.  She continued to serve until she was honorably discharged
on 28 October 1976, in order to reenlist.



4.  The applicant provides a copy of an NA Form 13038, dated 28 August
2002, which shows that she was a member of the Regular Army from 6 August
1973 to 28 October 1976, and was honorably discharged, in the rank of SP5
(Specialist Five).

5.  She reenlisted on 29 October 1976, under the last name of J______.

6.  On 13 September 1977, the applicant was married.  She requested a
change of name due to marriage on 7 December 1977 from J_____ to J____ -
H_____, which consisted of a hyphenation of both names, with the maiden
name listed first and the new legal last name second.  Her request was
approved on the same date.

7.  The applicant's records show that she continued to use the last name
of, "J_____ - H_____."

8.  The applicant continued to serve until she was separated or discharged
on 31 August 1993, and was placed on the Retired List, effective
1 September 1993, in the rank of SGT, and under the last name of "H____."

9.  Item 1, of her DD Form 214, shows the entry "H_____ M______ I__
(J____)," item 12a shows the entry "76 10 29 (29 October 1976), and item
12d (Total Prior Active Service), shows the entry "03 02 23"  (3 years,
2 months, and 23 days), which covers the period 6 August 1973 to 28 August
1976.  The applicant was provided a Certification of Military Service in
the absence of the actual report of separation or its equivalent.  This
document serves as verification of military service and may be used for any
official purpose.

10.  Army Regulation 635-5 provides instructions for the preparation of the
        DD Form 214.  It states, in pertinent part, that item 1 (Name
[Last, First Middle]) will be completed in all capital letters and compared
to the Enlisted Record Brief (ERB), Officer Record Brief (ORB), and
enlistment contract for possible name change.  It states that item 12a
(Date Entered Active Duty This Period) will be completed to show the
beginning date of the continuous period of AD service for which a DD Form
214 was not previously issued.  Item 12d (Total Prior Active Service) will
be completed to show the amount of prior active military service, less lost
time, if any.




11.  The same regulation, states that a DD Form 214 will not be prepared to
cover the current period of service for which a previous DD Form 214 has
been issued.  It also states that effective 1 October 1979, DD Forms 214
would no longer be issued for immediate reenlistments and that all service
would be continuous from the date the last DD Form 214 was issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR
and entered AD under the last name of "J____," and later changed her last
name due to marriage to "J_____ - H_____," with a hyphenation of her maiden
name and new legal last name, effective 7 December 1977.  The Certification
of Military Service provided by the applicant, dated 28 August 2002, shows
her last name as "J____ - H_____."  She continued to utilize the last name
of "J____ - H____" until her placement on the Retired List effective
1 September 1993.

2.  The applicant's DD Form 214 shows her maiden name in parenthesis
(J____) and her legal married name as "H_____."  It is apparent that the
last name on the DD Form 214 is incorrect.  When her DD Form 214 was
prepared, her name was not correctly transposed to the DD Form 214.  On
7 December 1977, the applicant had changed her name legally from "J____" to
"J____ - H_____."  Therefore, the applicant is entitled to correction of
item 1 (Name [Last]), of her DD Form 214, to show the entry "J____ -
H_____."

3.  The evidence of record shows that the applicant entered AD on 6 August
1973 and continued to serve until she was honorably discharged on
28 October 1976, which consist of 3 years, 2 months, and 23 days, of active
duty service.
The applicant provided a copy of a NA Form 13038, dated 28 August 2002,
which confirmed her honorable service for this period.  This Certification
of Military Service (in the absence of the actual report of separation or
its equivalent) serves as verification of military service and may be used
for any official purpose.

4.  The evidence shows the applicant reenlisted on 29 October 1976 and
continued to serve until she was REFRAD on 31 August 1993, and placed on
the Retired List effective 1 September 1993.  Her total prior active
service of 3 years, 2 months, and 23 days, is currently shown in item 12d
of her DD Form 214, dated 31 August 1993.  Therefore, there is no basis to
change item 12a, of her DD Form 214, to show the entry "73 08 06" (6 August
1973).  Her DD Form 214 is correct as currently constituted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PMT__  _JBG____  _CLG___  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 showing the entry
"J____ - H_____" in item 1 (Name [Last]), of her DD Form 214.

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 pertain to
changing the date shown in item 12a (Date Entered Active Duty This Period),
of her DD Form 214, to show the entry "73 08 06" (6 August 1973).




                            ______Curtis L. Greenway _______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000071                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19930831                                |
|DISCHARGE AUTHORITY     |AR  635-200, chap 12/3914. . . . .      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |113                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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