BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140011362 

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 military records to show his current legal name and correction of the separation and reentry eligibility (RE) codes on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his military service records show his name as "D____ A. S____ ."  However, his name was legally changed to "A___ Q____ D____."  He also states the separation code of "LBK" and the RE code of "3" recorded on his DD Form 214 should be changed as they adversely affect his employability.

3.  The applicant provides copies of a court order and a Department of Veterans Affairs (VA) letter.

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 in the U.S. Army Reserve (USAR) on 9 November 1987.  (It also shows his Social Security Number (SSN).)  At the time, his name was recorded in his records as "S____, D____ A____."  The applicant further enlisted in the Regular Army on 20 January 1988 with the same name.  This established his expiration term of service (ETS) as 19 January 1992.

3.  The applicant's military service records consistently show his name as "S____, D____ A____."

4.  A DA Form 4126-R (Bar to Reenlistment Certificate), dated 4 October 1990, shows the bar to reenlistment initiated against the applicant was approved by the battalion commander on 23 October 1990.  Then, on 22 March 1991 and on 17 October 1991, the commander reviewed the bar to reenlistment against the applicant and determined it should remain in effect.

5.  Headquarters, 520th Personnel Service Company (Germany), Orders 226-29, dated 20 September 1991, as amended by U.S. Army Transition Point, Fort Jackson, SC, 1st Endorsement, dated 9 December 1991, show the applicant was released from active duty (REFRAD) effective 16 January 1992.

6.  The applicant's DD Form 214 shows he entered active duty on 20 January 1988, was honorably REFRAD on 16 January 1992 in accordance with Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), chapter 4, based on ETS, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 3 years, 11 months, and
27 days of total active service this period.  It also shows in:

* item 1 (Name):  "S____, D____ A____"
* item 18 (Remarks):  "DD Form 214 issued on 920119"
* item 26 (Separation Code):  "LBK"
* item 27 (Reentry Code):  "3"

7.  USAR Personnel Center, St. Louis, MO, Orders D-01-613128, dated 
23 January 1996, honorably discharged the applicant from the USAR effective 
23 January 1996.  The orders show his name as "S____, D____ A____."

8.  In support of his request the applicant provides the following documents.
   
   a.  Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Court Order, that shows the court granted the applicant's petition to change his name from "D____ A____ S____" to "A____ Q____ D____" on 
7 August 2012.
   b.  VA letter, dated 26 December 2013, that provides a summary of the applicant's VA benefits.  It shows the letter replaces VA Form 20-5455 and is considered an official record of his VA entitlement.  It also shows the applicant's current legal name and that his claim is based on his SSN and period of honorable service in the U.S. Army from 20 January 1988 to 16 January 1992.

9.  Army Regulation (AR) 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 

   a.  It shows the SPD code of "LBK" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service obligation.

   b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "LBK."

10.  AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RA RE codes and shows that:

* RE-1 applies to Soldiers who are qualified for reentry or continuous service at time of separation, if all other applicable criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable

11.  AR 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the enlistment documents, enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions show for –

* item 1, enter the name in all capital letters, include "JR", "SR", or "II" when needed
* item 26, enter the proper SPD representing the specific authority for separation
* item 27, see chapters 1 and 2 and appendix D of AR 601-280 for
RE codes to be entered only on copies 2, 4, 7, and 8

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his current legal name and he should be issued a new DD Form 214 showing his current legal name with SPD and RE codes that will enhance his employability.

2.  The evidence of record shows the applicant's military service records reflect his correct name (as he was then known) throughout the course of the entire period of his military service.  This includes his DD Form 214 when he was REFRAD on 16 January 1992 and his orders when he was discharged from the USAR on 23 January 1996.

3.  The applicant's petition to change his name to "Q____ K____ S____" was granted by court order on 7 August 2012.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documentation provided by the applicant is insufficient evidence to warrant a change to the name in his OMPF.

5.  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 his current legal name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  However, a copy of this Record of Proceedings will be filed in the applicant's OMPF so a record of his current legal name will be available.

7.  Records show the applicant was honorably REFRAD under the provisions of AR 635-200, chapter 4, based on completion of required active service.  

   a.  At the time, an approved bar to reenlistment was in effect, which made him ineligible for reenlistment without removal of the bar to reenlistment or an approved waiver to reenlist.  
   b.  The evidence of record shows RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.

   c.  The evidence of record also shows that the SPD code of "LBK" and the
RE code of "3" were correctly entered on his DD Form 214 in accordance with governing Army regulations.
   
   d.  Thus, the separation and reentry codes that are shown on the applicant's DD Form 214 are appropriate and correct.

8.  In view of the foregoing, there is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X____  ___X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20140011362



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ABCMR Record of Proceedings (cont)                                         AR20140011362



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