IN THE CASE OF:	

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090013896 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her characterization of service as honorable and to show her first name as S**i** instead of S**e**.

2.  The applicant states, in effect, her discharge certificate shows her service was honorable.  She also states that the misspelling of her first name was a clerical error. 

3.  The applicant provides her DD Form 214, DD Form 256A (Honorable Discharge Certificate), birth certificate, and social security card in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's military records show she enlisted in the U.S. Army Reserve on 25 January 1992.  She was awarded the military occupational specialty of traffic management coordinator, and was promoted to pay grade E-2.

3.  The applicant's DD Form 214 shows she served on active duty for training (ADT) during the period 28 August 1992 through 29 January 1993.  Her DD Form 214 shows her character of service as "uncharacterized" and the separation authority as Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 4.  The applicant's DD Form 214 also shows she was transferred to a U.S. Army Reserve troop program unit (TPU) upon release from ADT.

4.  At the completion of her 8-year statutory U.S. Army Reserve service obligation she received an Honorable Discharge certificate, dated 25 January 2000. 

5.  Item 1 (Name) of the applicant's DD Form 214 shows her first name as S**e**.  The DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows the applicant printed and signed her first name as S**e**.  Her DD Form 4 (Enlistment or Reenlistment Agreement), orders, and other documents contained in her records show her first name as S**e**. 

6.  The applicant's name is spelled as S**i** on the birth certificate and social security card she provided.

7.  Army Regulation 135–91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes that effective 1 June 1984 all personnel incur an 8-year statutory service obligation on initial entry into the Armed Forces.

8.  Army Regulation 635-200 in effect at the time states that only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment unless an entry level status separation (uncharacterized) is warranted. 

9.  Army Regulation 635-200, paragraph 4-2 (Discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training) of this regulation prescribes that service of Soldiers in the Army National Guard of the U.S. and U.S. Army Reserve who are in entry level status will be uncharacterized even though they have successfully completed their initial ADT.


10.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received an Honorable Discharge certificate upon completion of her 8-year statutory obligation.  However, her release from ADT was not a separation/discharge from the military, and regulatory policy in effect at the time prescribed that the character of service for completion of initial ADT be shown as uncharacterized on the DD Form 214.  As such, the character of service shown on her DD Form 214 appears to be correct.

2.  While the applicant provided a copy of her birth certificate and social security card showing her first name spelled as S**i**, these two documents do not verify that she used this first name during her military service.

3.  In the applicant's case, her records reflect the spelling of her first name is S**e**.  This spelling of her first name is used consistently throughout her period of military service.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

5.  In the absence of a showing of material error or injustice, those records should not be changed.

6.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

8.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the spelling of her first name and satisfy her desire to document the spelling of her name in her OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20090013896



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ABCMR Record of Proceedings (cont)                                         AR20090013896



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