IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002266 


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:

	a.  a second Army Commendation Medal (ARCOM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty);

	b.  item 11 (Primary Specialty) of her DD Form 214 be corrected to show she served in her military occupational specialty (MOS) for 11 years, 10 months, and 22 days; and

	c.  her last name be changed. 

2.  The applicant states:

* She believes the Army did not correctly document her DD Form 214 at the time of her discharge
* She wants her last name changed to her maiden name since she is legally divorced

3.  The applicant provides:

* DD Form 214
* Enlisted Record Brief
* Army Commendation Medal orders
* Divorce decree
* California drivers license
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 Regular Army on 8 October 1992 under the last name C---.  On an unknown date, she married and her last name was changed to R---.  She served as a medical laboratory specialist and she was honorably discharged on 29 August 2004 for completion of required active service under the last name R---.

3.  Her DD Form 214 shows in:

* Item 1 (Name) the last name R---
* Item 11 "91K2O M2 MEDICAL LABORATORY SPECIALIST - - 7 YRS – 
2 MOS//NOTHING FOLLOWS"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), among other awards, one award of the ARCOM 

4.  Section IX (Assignment Information) of her Enlisted Record Brief (ERB) shows:

* her duty MOS was 92B from 4 May 1993 to 4 December 1996 (for a total of 3 years and 7 months)
* her duty MOS was 91K on 14 July 1997  

5.  The U.S. Army Human Resources Command Enlisted MOS Conversion Chart shows MOS 92B was converted to MOS 91K on 1 October 1994.

6.  Permanent Order 172-2, dated 20 June 2000, shows she received the ARCOM for meritorious service during the period 9 September 1998 to 7 July 2000.

7.  Permanent Order 232-23, dated 19 August 2004, shows she received the ARCOM for meritorious service during the period 20 August 2001 to 29 August 2004.

8.  Her final Noncommissioned Officer Evaluation Report covering the period January 2004 to July 2004 shows her MOS as 91K and her last name as R---.  She signed this report on 14 July 2004.  

9.  In support of her name change, she provided her final divorce decree, dated 
12 May 2004, which states "It is ordered and decreed that (applicant's married name) name is changed to (applicant's name) C---."

10.  There is no evidence in the available records which shows the applicant sent a request to her servicing personnel services unit for a name change after her divorce or prior to her discharge.

11.  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.  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.  It states for item 11 to enter from the ERB the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  For an enlisted Soldier, also specify the first five characters of the primary MOS code (MOSC), which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  Enter "O" when not applicable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the ARCOM but orders show she received two awards of the ARCOM.  Her DD Form 214 should be corrected to show two awards of the ARCOM.

2.  The applicant contends she served in MOS 91K for 11 years, 10 months, and 22 days.  However, evidence shows she served in MOS 92B, which was later converted to MOS 91K, from 4 May 1993 to 4 December 1996 (total of 3 years and 7 months) and from 14 July 1997 to 29 August 2004 (total of 7 years and 
2 months), for a total of 10 years and 9 months.  Therefore, item 11 of her 
DD Form 214 should be corrected to show she served in MOS 91K for 10 years and 9 months.  

3.  Evidence shows she enlisted under the last (maiden) name C--- in 1992.  She subsequently married and her last name was changed to R--- in her military records.  In May 2004, she divorced and her final divorce decree ordered her last name changed to her maiden name.  However, there is no evidence which shows she requested a name change after her divorce or prior to her discharge.  Her DD Form 214 shows the last name R--.  

4.  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 name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  Therefore, there is insufficient evidence on which to amend item 1 of her DD Form 214.  However, as a matter of equity, it would be appropriate to amend item 18 (Remarks) of her DD Form 214 to show her last name was changed to C--- in 2004.

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.  amending item 11 of her DD Form 214 to show she served in MOS 91K for 10 years and 9 months;

	b.  deleting the entry "ARMY COMMENDATION MEDAL" from her DD Form 214 and replacing it with the entry "Army Commendation Medal (2nd Award)"; and

	c.  adding the entry "Last name changed to C--- in May 2004" in item 
18 of her DD Form 214.

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 her last name in item 1 of her DD Form 214 and item 11 of her DD Form 214 to show she served in MOS 91K for 11 years, 10 months, and 22 days.  




      _______ _   _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)                                         AR20120002266





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ABCMR Record of Proceedings (cont)                                         AR20120002266



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