IN THE CASE OF:	  

		BOARD DATE:	    24 October 2013

		DOCKET NUMBER:  AR20130004321 


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 214 (Certificate of Release from Active Duty) for the period ending on 31 October 2006 to correct his middle name and to change the date of his entry on active duty.

2.  The applicant further requests, on a second application, correction of his 
DD Form 214 ending on 26 June 2009 to correct his middle name and add the Combat Medical Badge.

3.  The applicant states his middle name is Jason, not James, as shown on both of his DD Forms 214.  He contends that he entered active duty on 25 April 2006 and not 11 July 2006, as shown on his first DD Form 214.  He states his CMB is missing from his subsequent DD Form 214.

4.  The applicant provides copies of:

* DD Form 214, ending on 31 October 2006
* DD Form 214, ending on 26 June 2009
* Orders 611524, St. Louis Military Entrance Processing Station (MEPS), dated 25 April 2006
* Permanent Orders Number 118-006, Headquarters, Combined Joint Task Force - Phoenix (HQ, CJTF-P), dated 28 April 2009
* Record of Birth, issued on 13 January 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.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted on 10 August 2005 in the Illinois Army National Guard (ILARNG) for a period of 8 years.  This contract shows his middle name as Jason.

3.  Orders 611524, St. Louis MEPS, dated 25 April 2006, ordered the applicant to active duty training (ADT) for a period of approximately 25 weeks, or until completion of basic and military occupational specialty (MOS) training.

4.  Orders 283-271, Fort Sam Houston, TX, awarded the applicant MOS 68W (Health Care Specialist).

5.  His DD Form 214 ending on 31 October 2006 reports the applicant:

	a.  entered active duty on 11 July 2006, was released from ADT on 
31 October 2006, and had completed 3 months and 20 days of ADT; and

	b.  has a middle name of James.

6.  Defense Finance and Accounting Service (DFAS) records show that the applicant was paid for active duty service from 25 April 2006 to 31 October 2006, a period of 6 months and 7 days.

7.  A DD Form 214 ending on 26 June 2009 reports the applicant:

	a.  has a middle name of James;

	b.  was ordered to active duty on 26 June 2008 in support of Operation Enduring Freedom;
	c.  served in Afghanistan from 24 August 2008 to 28 May 2009;

	d.  held MOS 68W; and 

	e.  does not show he was awarded the CMB.

8.  Permanent Orders Number 118-006, HQ, CJTF-P, dated 28 April 2009, announced award of the CMB to the applicant for his service on 1 April 2009 while engaged with the enemy in active ground combat in Afghanistan.

9.  Orders 202-052, State of Illinois, dated 21 July 2011, discharged the applicant from the ILARNG and transferred him to the U.S. Army Reserve Control Group (Annual Training), effective 9 August 2011.

10.  The applicant's record of birth reports his middle name as Jason.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his two DD Forms 214, for the periods ending on 31 October 2006 and on 26 June 2009, should be corrected by showing:

	a.  his middle name as Jason;

	b.  his date of entry for ADT as 25 April 2006; and 

	c.  his award of the CMB for service in Afghanistan.

2.  The available evidence clearly shows that the applicant enlisted in the ILARNG in 2005, using a middle name of Jason.  Furthermore, this middle name is in agreement with the middle name shown on his record of birth.  However, both of his DD Forms 214 shows his middle name as James.  Accordingly, these forms should be corrected to show his middle name as Jason.

3.  The available evidence shows that the applicant was ordered to ADT on 
25 April 2006 and that he was paid by DFAS for active duty service commencing on that date.  However, his DD Form 214 shows a later date of 11 July 2006.  There is no available evidence to support the later date and, therefore, is presumed to be in error.  Accordingly, this DD Form 214 should be corrected to show he entered ADT on 25 April 2006.  Furthermore, this correction necessitates correcting the total amount of ADT from 3 months and 20 days to 
6 months and 7 days.

4.  Permanent orders show the applicant was awarded the CMB in 2008; however, this badge was not recorded on his DD Form 214 ending in 2009.  Therefore, this badge should now be shown on this document.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing on his DD Form 214 ending on 31 October 2006:

* His middle name as Jason
* His date of entry on active duty as 25 April 2006
* His net active service this period as 6 months and 7 days

	b.  showing on DD Form 214 ending on 26 June 2009:

* His middle name as Jason
* His award of the Combat Medical Badge



      _______ _ 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)                                         AR20130004321





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ABCMR Record of Proceedings (cont)                                         AR20130004321



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