IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029748 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 1 (Name) his first name as "J---rey" vice "J---ery"
* Item 7a (Place of Entry into Active Duty) "Atlanta, GA" vice "Troy, MI"
* Item 7b (Home of Record (HOR)) to show "3xx0 C---------l C----y, Atlanta, GA  30331" vice "2xxx0 O---n, Madison Heights, MI  48071"
* Item 12a (Date Entered Active Duty this Period) "11 July 1996" vice "24 February 1999"
* Item 19a (Mailing Address After Separation) to show "3xx0 C---------l
C----y, Atlanta, GA  30331" vice "2xxx0 O---n, Madison Heights, MI  48071"

2.  The applicant states the information on his DD Form 214 is incorrect except for items 2 through 6.  He believes everything else is related to another Soldier as even the spelling of his first name is incorrect.  He proudly completed his term of active service, reenlisted for another term as of 8 November 1999, and he was subsequently honorably discharged from active duty on 20 January 2001.

3.  The applicant provides page one from two DD Forms 4/1 (Enlistment/
Reenlistment Document), a Chronological Statement of Retirement Points, and a Certificate of Live Birth.


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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 11 July 1996 for a period of 8 years.  He was discharged from the USAR DEP on 22 October 1996 and he enlisted in the Regular Army (RA) on 23 October 1996 for a period of 3 years.  He held military occupational specialty 11B (Infantryman). 

3.  His DD Form 4/1, dated 11 July 1996, shows his first name as "J---ery," his HOR as "3xx0 C---------l C----y, Atlanta, GA 30331," and the place of enlistment as "Atlanta, GA."  He authenticated this form by placing his signature in the appropriate block with his first name spelled as "J---ery."  

4.  Permanent Orders 075-480, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 16 March 1997, awarded him the Parachutist Badge, effective 27 March 1997.  

5.  His DD Form 4/1, dated 8 November 1999, shows he reenlisted in the RA on that date, his first name is shown as "J---ery," his HOR as "3xx0 C---------l C----y, Atlanta, GA 30331," and the place of reenlistment as Fort Benning, GA.  He authenticated this form by placing his signature in the appropriate block with his first name as spelled as "J---ery."

6.  Permanent Orders 322-00047, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 18 November 1999, awarded him the Army Good Conduct Medal (1st Award) for the period 23 October 1996 - 22 October 1999.

7.  On 13 November 2000, he was notified by his commander that discharge action was being initiated against him under the provisions of Army Regulation 


635-200 (Personnel Separations - Enlisted Personnel), chapter 18, for failing to meet body fat standards.  His first name is shown as "J---ery."  On 14 November 2000, he acknowledged notification of the discharge action.  He authenticated this form by placing his signature in the appropriate block with his first name spelled as "J---ery." 

8.  In an undated memorandum, his commander recommended the applicant be discharged under the provisions of Army Regulation 635-200, chapter 18, for failing to meet body fat standards.

9.  The separation authority subsequently approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 18, with an honorable discharge.

10.  Orders 333-2208, issued by Headquarters, U.S. Infantry Center, Fort Benning, GA, dated 28 November 2000, reassigned him to the installation transition point with a reporting date of 20 January 2001 for transition processing.  The orders show the date of his release from active duty as 20 January 2001, his HOR as "Madison Heights, MI," and place entered active duty as "Troy, MI."

11.  He was honorably released from active duty on 20 January 2001 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 4 years, 2 months, and 29 days of creditable active service.

12.  The DD Form 214 he was issued shows the following entries in:

* Item 1 - "J---ery"
* Item 7a - "Troy, MI"
* Item 7b - "2xxxx O---n, Madison Heights, MI  48071"
* Item 12a - "1999  02  24"
* Item 12b - "2001  01  20"
* Item 12c - (Net Active Service This Period) "0001  10  20"
* Item 13d (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - "Army Service Ribbon, Parachutist Badge"
* Item 18 (Remarks) - "Member has not completed first full term of service"
* Item 19a - "2xxx0 O---n, Madison Heights, MI  48071"
* Item 21(Signature of Member being Separated) - "Soldier not available to sign"


13.  His record contains documents belonging to a different Soldier with a similar last name and the first name of "J--n."  The DA Form 2-1 (Personnel Qualification Record) belonging to this Soldier shows he enlisted in the RA on 24 February 1999.

14.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received active duty pay from 23 October 1996 to 20 January 2001.

15.  The applicant provides a Certificate of Live Birth filed on 19 July 1973 that shows his first name spelled as "J---rey."

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR DEP on 11 July 1996 and subsequently enlisted in the RA on 23 October 1996.  His HOR was 3xxx C---------l C----y, Atlanta, GA 30331, and the place of enlistment was Atlanta, GA.  He completed his first full term of service and he reenlisted on 8 November 1999.  It appears documents belonging to another Soldier were inadvertently filed in the applicant's records and these documents were used when his DD Form 214 was prepared resulting in numerous entries of inaccurate information.  Therefore, it would be appropriate to issue him a new DD Form 214 to reflect the correct information.

2.  With respect to correcting Item 12a of his DD Form 214 to show he entered active duty on 11 July 1996, he enlisted in the USAR DEP on 11 July 1996 but he did not enlist in the RA and enter active duty until 23 October 1996.  Therefore, his DD Form 214 should be corrected to show the date he entered active duty was 23 October 1996.

3.  With respect to the spelling of his first name, records show upon enlisting in the Army the applicant listed his first name as "J---ery."  This first name is consistent with the first name he used on various documents throughout his period of military service.  He authenticated several documents by placing his signature in the appropriate block indicating his name was correct.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  


The information in those records must 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 his correct first name in his military records, in the absence of compelling information to the contrary, there is no basis for changing the applicant’s first name on his DD Form 214 in this case.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct first name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his correct first name documented in his OMPF.

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 reissuing him a DD Form 214 to show the correct information as follows:

* Item 7a - "Atlanta, GA"
* Item 7b - "3xxx C---------l C----y, Atlanta, GA 30331"
* Item 12a - "1996  10  23"
* Item 12c - "0004  02  29"
* Item 13d - "Army Service Ribbon, Parachutist Badge, Army Good Conduct Medal (1st Award)"
* Item 18 - "Member has completed first full term of service//Immediate reenlistments this period 8 November 1999 - 20 January 2001//Block 6 - Period of DEP 19960711-19961022”
* Item 19a - "3xxx C--------l C----y, Atlanta, GA 30331"

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 showing item 12a of his DD Form 214 as "11 July 1996" and showing his first name as "J---rey."



      ____________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)                                         AR20100029748



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ABCMR Record of Proceedings (cont)                                         AR20100029748



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