IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001405 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* her last name as Shields vice Taylor
* her foreign service in Bahrain from May to June 1999

2.  The applicant states:

   a.  She served in Manama, Bahrain for the Global War on Terrorism during May and June 1999 and needs this foreign service added to her DD Form 214.  She was stationed at the United States Central Command (USCENCOM) from December 1998 to June 2003.  During that time, she served in Manama, Bahrain.  She wants to apply for a civilian position in Tampa, FL, that requires Middle Eastern duty.  In order to be considered, she needs her DD Form 214 corrected to show this foreign service.  
   
   b.  She served in the military under both last names of Shields (currently) and Taylor (retired).  Her health insurance is currently listed with her last name as Taylor, but everything else is listed with her last name as Shields.  This includes her pension installments, allotments, bank account, driver’s license, social security card, birth certificate, military identification (ID) card, and more.  She is having problems with Humana Health Insurance (Tricare Prime) and they are allowing her to make payments online.  However, they suggest that she get her last name corrected because they will in the future automate their system to deduct her payments from her pension which is in her last name as Shields.  They cannot do so now because the last names do not match.  She adopted a child 7 years ago with the last name of Shields.  She is only 10 years old and is unable to conduct any legal action requiring a name change.  If something happens to her (the applicant), she is afraid her daughter will not receive all she is entitled too because of the name difference.

3.  The applicant provides:

* DD Form 214
* page titled "Request and Travel Authorization/Expense Report”
* divorce decree
* birth certificate
* social security card
* driver’s license
* United States Uniformed Services ID Card

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 17 February 1982.  Block 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 17 February 1982, shows her last name as Shields.  She was discharged from the USAR DEP on 17 May 1982.

3.  Page 4 of her DD Form 4 shows she enlisted in the Regular Army (RA) on 18 May 1982 with her last name as Shields.

4.  On 6 January 1987, a DA Form 4187 (Personnel Action) was approved changing her last name from Shields to Taylor based on her marriage on 4 December 1986.  
5.  Her records contain numerous orders, personnel, medical, and legal documents dated after 6 January 1987 that all show her last name as Taylor.  She authenticated many of these forms by placing her signature in the appropriate block using the last name of Taylor. 

6.  The applicant provides a page titled "Request and Travel Authorization/Expense Report," dated 1 March 1999, wherein it shows:

   a.  She was authorized to travel between 9 March and 7 June 1999 for Operation Southern Watch.  The site visiting block of the form stated she was to depart MacDill Air Force Base (AFB)/Tampa to Baltimore Washington International (BWI)/Fort Meade, MD to Bahrain (60 days) and Riyadh (30 days).  She was then to return to Tampa/MacDill AFB via BWI/Fort Meade.  She signed the traveler signature of this form on 26 February 1999.

	b.  The actual temporary duty (TDY) location block of this form contains a stamped entry that appears to show a Government travel request (GTR) number was issued for commercial travel from "BA" to "TPA" on "21 May."  However, it appears this form was never processed as the actual [travel] dates block of this form is blank and the actual TDY location block does not contain any TDY or travel locations she may have departed from or arrived at.  In addition, the actual reimbursable expenses, traveler signature certification, and the manager signature blocks of the form that would normally be completed, signed, and dated upon return from TDY are also blank.

7.  Her DA Form 2-1 (Personnel Qualification Record), with the last entry dated 1 November 1999, does not contain an entry that shows she had any foreign service in Bahrain or Southwest Asia.

8.  She was honorably retired on 30 June 2003 for sufficient service and she was placed on the Retired List on 1 July 2003.  Item 1 (Name (Last, First, Middle)) of her DD Form 214 lists her last name as Taylor.

9.  The applicant provides a divorce decree, dated 1 November 2002, showing she was divorced on that date.  She also provides a social security card, driver’s license, and military ID card that all show her last name as Shields.

10.  Army Regulation 600-8-22 (Military Awards) lists designated U.S. Military Operations of Assistance to a friendly foreign nation.  It shows Operation Southern Watch was conducted in Southwest Asia (which included the Persian Gulf, Bahrain, Kuwait, the Gulf of Oman, and most of Saudi Arabia) from 1 December 1995 to 18 March 2003.
11.  Army Regulation 635-8 (Separation Processing and Documents) effective March 2014, establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states compare original enlistment contract and review official record for possible name changes.  If a name change has occurred list other names of record in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms when the applicant enlisted in the RA she listed her name as Shields and in January 1987 she changed her last name to Taylor based on her marriage.  This is the last name she used throughout her military service after January 1987.  

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation.  At the time of her retirement, the regulation did not require a separate entry to list other names used by the member during their active service.  The current version of the regulation requires such an entry.  Her DD Form 214 correctly lists the last name she used at the time of her retirement.  She also meets the criteria under current standards to have an entry in item 18 listing the last name (Shields) that she used from her enlistment date (May 1982) to the date she officially changed her last name (January 1987).

3.  With respect to showing her foreign service in Bahrain, notwithstanding her sincerity, although she provided documentation that shows she was authorized travel to Bahrain and Riyadh in 1999, the evidence of record does not show and she did not provide any conclusive evidence that shows she actually traveled to Bahrain in support of Operation Southern Watch, or that shows dates she may have served there.  Thus there is an insufficient evidentiary basis upon which to grant the requested relief. 

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 adding to item 18 of her DD Form 214 the entry "SERVED UNDER THE LAST NAME OF SHIELDS FROM 19820518-19870106."

2.  The Board further determined that the evidence presented was 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 foreign service in Bahrain.



      _____________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)                                         AR20150001405



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ABCMR Record of Proceedings (cont)                                         AR20150001405



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