IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029442 


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 item 12a (Date Entered AD [Active Duty] This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 November 2005 be corrected

2.  The applicant states, in effect, her date of entry is incorrect on her DD Form 214 for the period ending 17 November 2005 as evidenced by the Army Discharge Review Board (ADRB) proceedings.  She applied for a discharge upgrade and the ADRB pointed out the error.
 
3.  The applicant provides:

* Petition to change name
* DD Forms 214 for the periods ending 17 November 2005 and 13 August 2004
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* ADRB proceedings

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The American Legion, as counsel for the applicant, requests:

* the applicant's first and last names in item 1 (Name) of her DD Form 214 for the period ending 17 November 2005 be changed to K___  (first name) and C___ (last name)
* Item 12a of this DD Form 214 be corrected

2.  Counsel states:

* the applicant is requesting to have her first and last names changed on her DD Form 214 for the period ending 17 November 2005
* following careful review of the evidentiary record the issues raised on the applicant's application amply advance her contentions and substantially reflect the probative facts needed  for equitable review.

3.  Counsel provides a brief, dated 25 May 2011. 

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.  Her Army National Guard (ARNG) enlistment contract shows her first name as V___ and her last name as S___.  She enlisted in the ARNG on 8 January 2004 for a period of 8 years.   On 24 March 2005, she was honorably discharged for immediate enlistment in the Regular Army (RA).

3.  Item 1 (Last Name, First Name, Middle Name) of her NGB Form 22 shows the first name V___ and the last name S___.

4.  Her RA enlistment contract shows her first name as V___ and her last name as S___.  She enlisted in the RA on 25 March 2005 for a period of 5 years.  On 17 November 2005, she was discharged under honorable conditions (a general discharge) for misconduct after completing 7 months and 24 days.

5.  Item 1 of her DD Form 214 for the period ending 17 November 2005 shows the first name V___ and the last name S____.  Item 12a of this DD Form 214 shows the entry "2004 10 07" [7 October 2004].  Item 12c (Net Active Service This Period) shows the entry "0001  01  11" [1 year, 1 month, and 11 days].
6.  All of her service personnel records show the first name V___ and the last name S___.

7.  In support of her name change, she provided a petition to change her name, dated 12 October 2010.

8.  Her ADRB proceedings state, in pertinent part, "The applicant's DD Form 214 incorrectly shows in item 12a "Date Entered AD This Period" year 2004, month 10, and day 07.  Based on the enlistment contract found in the applicant's available records dated (050325), item 12a should be changed to read: year 2005, month 03, day 25."

9.  Army Regulation 635-5 (Separation Documents) 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.  In pertinent part, 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's enlistment contracts and service personnel records show the first name V__ and the last name S__.  It appears she appropriately served in the ARNG and in the Regular Army and was released from active duty under these names.  She did not change her first and last names until October 2010.  

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a 
reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her correct first and last names in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her correct first and last names, 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 first and last names recorded in her military record and to satisfy her desire to have her correct first and last names documented in her OMPF.

4.  Her RA enlistment contract shows she enlisted on 25 March 2005.  Therefore, it would be appropriate to correct item 12a of her DD Form 214 for the period ending 17 November 2005 to show she entered active duty on 25 March 2005.  In addition, item 12c should be corrected to show she completed 7 months and 24 days. 

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:

	a.  deleting the entry in item 12a of her DD Form 214 for the period ending 
17 November 2005 and replacing it with the entry "2005 03 25;" and

	b.  deleting the entry in item 12c of this DD Form 214 and replacing it with the entry "0000  07  24."

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 amending item 1 of her DD Form 214 for the period ending 17 November 2005.  




      _______ _   _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)                                         AR20100029442





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ABCMR Record of Proceedings (cont)                                         AR20100029442



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