IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090003440 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct name, the date he entered active duty (block 12a.), the separation date this period (block 12b.) and to show his primary military occupational specialty (MOS) of 11B. 

2.  The applicant states that his name and dates of entry and separation on his DD Form 214 dated 12 June 2006 are incorrect and his 11B MOS is missing.  He goes on to state that he is a disabled combat veteran who has been dealing with the Department of Veterans Affairs and has not been able to deal with these issues until now.  He goes on to state that he was never discharged from the National Guard and should have been transferred back to the New Jersey Army National Guard (NJARNG) instead of being discharged.

3.  The applicant provides a copy of his DD Form 214, a copy of his active duty orders, a copy of his deployment orders, a copy of his training orders, and a copy of his Certificate of Naturalization.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the NJARNG on 31 May 2002 for a period of 8 years, training as a petroleum supply specialist and a cash enlistment bonus.  At the time of his enlistment his first name was "HOUNG."  He was ordered to active duty for training (ADT) on 18 August 2003 and served on active duty until          22 January 2004, when he was released from ADT and was returned to his NJARNG unit.
2.  On 6 June 2004, he was ordered to active duty in support of Operation Iraqi Freedom.  He served in Iraq from 2 January 2005 to 1 September 2005 and was honorably released from active duty on 13 November 2005 and was returned to his NJARNG unit.  He had served 1 year, 5 months, and 8 days of active service during this period for a total of 1 year, 10 months, and 12 days of prior active service.

3.  On 11 March 2006, the applicant submitted a request through his commander to enlist in the Regular Army and his commander approved his request on 12 March 2006.

4.  The applicant was honorably discharged from the Army National Guard and the Reserve of the Army on 18 April 2006, in orders number 361-061, issued by the State of New Jersey Department of Military and Veterans Affairs.

5.  On 19 April 2006, the applicant enlisted in the Regular Army at Fort Dix, New Jersey for a period of 3 years and 11 weeks and training in the infantry career management field.  He was transferred to Fort Benning, Georgia to undergo his training as an infantryman. 

6.  On 8 May 2006, the applicant underwent a mental status evaluation and the examining physician opined that the applicant suffered from Axis I: Adjustment Disorder with Mixed Anxiety and Depressed Mood.  He directed that the applicant have no access to weapons or ammunition and recommended that the applicant be processed for discharge under the provisions of Army Regulation 635-200, paragraph 5-17a.

7.  On 25 May 2006, the applicant's commander notified him that he was recommending that he be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-17, due to a professional diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood.   

8.  The applicant waived all of his rights, declined a separation physical/medical examination, and the opportunity to consult with legal counsel.  He further indicated that he wished to be separated from the Army as soon as possible.

9.  The appropriate authority approved the recommendation for discharge on 6 June 2006.

10.  Accordingly, he was honorably released from active duty (REFRAD) on 12 June 2006, under the provisions of Army Regulation 635-200, paragraph      5-17, due to a condition, not a disability.  The applicant did not complete his training as an infantryman and thus was not awarded the MOS.
11.  His DD Form 214 issued at the time of his REFRAD reflects that his first name was "HOUNG," that he entered active duty this period on 6 June 2004, that he was separated on 12 June 2006, that he had served 2 months and 1 day of active service this period and that he had 5 months and 5 days of prior active service.

12.  On 5 November 2008, the applicant changed his first name to "DANNY" during his naturalization process for citizenship to the United States.

13.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exist on the date of separation.  Changes that occur subsequent to the date of the DD Form 214 will not be added retroactively to that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 issued on 12 June 2006 does not reflect the correct date he entered active duty has been noted and found to have merit.  The applicant enlisted in the Regular Army on 19 April 2006, which was his first day of active duty in the Regular Army.  Accordingly, his DD Form 214 should reflect that date in block 12a.

2.  The applicant's contention that the date of his separation is incorrect has been noted and found to lack merit.  There is no evidence in the available records to show that he separated on any date other than 12 June 2006.  Accordingly, there appears to be no basis to change the date in block 12b.

3.  The applicant's contention that his first name should be changed on his DD Form 214 has also been noted and found to lack merit.  At the time of his separation his legal first name was "HOUNG" and it is correctly reflected on his DD Form 214.  The fact that he had his first name changed after the date the DD Form 214 was issued has no bearing on the validity of the DD Form 214.  The DD Form 214 correctly reflects his first name as it existed at the time of his separation and there appears to be no reason to change it.

4.  The applicant's contention that his DD Form 214 should reflect the MOS of 11B has been noted and found to lack merit.  The applicant did not complete his training as an 11B and thus is not entitled to be awarded that MOS.

5.  However, his DD Form 214 for the period ending 12 June 2006 does reflect that his total prior active service was 5 months and 5 days; however, it was actually 1 year, 10 months, and 12 days of prior active service and it would be appropriate to make that change at this time in block12d.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ___X_____  ____X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 12 June 2006 that he entered active duty this period (block 12a.) on 19 April 2006 and that he served 1 year, 10 months, and 12 days of prior active service (block 12d.).

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 changing the date of separation this period (block 12b.), his first name (block 1.) and the addition of MOS 11B.  




      _______ _   _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)                                         AR20090003440





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ABCMR Record of Proceedings (cont)                                         AR20090003440



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