BOARD DATE:	 8 February 2011

		DOCKET NUMBER:  AR20100018902


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 his DD Form 1966 (Record of Military Processing – Armed Forces of the United States), section III (Other Personnel Date):

   a.  item 22a (Education), sub-item (3) (Name of School), from "Norview High School" to "Abdu al rahman al khafiqie High School."

   b.  section III (Other Personnel Date), item 22a (Education), sub-item (4) (Location), from "6501 Chesapeake Blvd, Norfolk, VA" to "Al Majmooa'a Al Thakhfia, Mosul City, Iraq."

2.  Correction of Office of Personnel Management (OPM) Standard Form 
(SF) 86 (Security Clearance Application – PAI/PEI Report):

   a.  item 6 (Mother's Maiden Name) from "H___, Kh____ A." to "B____, Kh____ M."

   b.  item 9 (Citizenship), sub-item 9d (Immigration Status – Alien Registration Number) from "a098______" to "A087______," as shown on his Permanent Residence Card.

   c.  item 9 (Citizenship), sub-item 9d (Immigration Status – City/State) from "New York, Iraq" to "New York, NY."


3.  The applicant states, in effect, that he gave his recruiter a diploma and filled out the application for his high school in Iraq.  

4.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 1966 (6 pages)
* OPM SF 86
* Photocopies of his Permanent Resident Card, Passport, United States (U.S.) Visa, and Immigration and Naturalization Service (INS) Form I-94 (Departure Record)
* Photocopy of a foreign document printed in the Arabic language purported to be his high school diploma

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 October 2009 and he did not complete training.  On 25 November 2009, he was discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-17 with an uncharacterized discharge.  Item 28 (Narrative Reason for Separation) of his DD Form 214 cites "Condition, Not a Disability."

2.  There is no documentation in the available record nor did he provide any documentation to substantiate:

   a.  the name, or address of the high school he attended,

   b.  his mother's maiden name,

   c.  the port in which he entered the U.S.  

3.  In support of his application, he provided:

   a. DD Form 1966, item 22a(3), which lists the name of the high school he attended as "Norview High School."  Additionally, item 22a(4) lists the location of his high school as "6501 Chesapeake Blvd, Norfolk, VA."

   b. OPM Form 86, item 6, lists his mother's maiden name as "H___, Kh____ A."  Additionally, item 9d lists his Alien Registration Number as "a098______," and his City/State of Entry as "New York, Iraq."

   
c.  Photocopies of his Permanent Resident Card, Passport, U.S. Visa, and INS Form I-94.  His Permanent Resident Card, otherwise known as his alien card, lists his alien registration number as "A087______."  His INS Form I-94 is date stamped 13 December 2006; however, the corresponding U.S. port of entry is illegible.  

   d.  A photocopy of a foreign document printed in the Arabic language, purported to be his high school diploma.  When translated this document resembles a cover letter from a school superintendent stating that his high school examination results are enclosed; however, there were no enclosures submitted with this document.  The document does not identify the high school he attended.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 1966 and OPM SF 86 has been carefully considered and determined to have partial merit.  

2.  The available evidence does not list the name of the high school he attended nor does it establish a direct link between him any specific high school.  Absent such evidence, there is insufficient evidence to grant relief in this case.  

3.  The applicant did not provide any evidence and the available evidence is not sufficient to support changing his mother's maiden name; therefore, absent such evidence, he has established no basis to grant relief in this case.  

4.  With regard to his alien registration number, the evidence he provided, specifically, his Permanent Resident Card, clearly shows his alien registration number is incorrectly depicted on his OPM SF 86.  Therefore, he is entitled to correction of this form to show his correct alien registration number.  

5.  With regard to his U.S. port of entry, neither the evidence of record, nor the evidence he provided, lists his U.S. port of entry.  Nevertheless, from an administrative standpoint, it is clear that the state of New York should be listed as the corresponding state to the city of New York, instead of Iraq, which is currently the case.  Therefore, he is entitled to correction of this form to show the correct state for the city listed as his port of entry.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

   a.  issuing a clarifying letter to correspond with his OPM SF 86, identifying his correct alien registration number as A087______, as shown on his Permanent Residence Card.
   
   b.  issuing a clarifying letter to correspond with his OPM SF 86, identifying his correct U.S. port of entry as New York, NY.

2.  The Board further determined 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:

   a.  correcting his DD Form 1966 pertaining to the name and location of his high school.

   b.  correcting his OPM SF 86 pertaining to his mother's maiden name.



      ___________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)                                         AR20100014579



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018902



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1