BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20150018657 BOARD VOTE: ____x_____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20150018657 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. correcting Headquarters, 2nd Brigade, 3rd Armored Division, Permanent Order Number 9-22, dated 13 April 1991, to show her first name as it is shown on her DD Forms 214; and b. amending her DD Forms 214 for the periods ending 13 August 1991 and 19 December 1994 by adding the Army Commendation Medal. _____________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. BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20150018657 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: a. Headquarters, 2nd Brigade, 3rd Armored Division, Permanent Order Number 9-22, dated 13 April 1991, to show her first name as Judith instead of Annette; and b. her DD Form 214 period ending 13 August 1991 (Certificate of Release or Discharge from Active Duty) to add the Army Commendation Medal (ARCOM). 2. The applicant states she believes a clerk made an error in listing her first name as “Annette” instead of “Judith” on her ARCOM order, following her unit's redeployment to Germany from the Persian Gulf. Also, the ARCOM is not listed on her DD Form period ending 13 August 1991. 3. The applicant provides: * ARCOM Order * Reassignment Order * Memorandum for Record (MFR) * DD Form 214 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 (RA) on 24 October 1990. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared during her enlistment processing lists her first name as “Judith.” 3. Headquarters, 2nd Brigade, 3rd Armored Division, Permanent Order Number 9-22, dated 13 April 1991, announced award of the ARCOM to the applicant. The standard name line entry on the order lists her first name as “Annette.” 4. On 13 August 1991, the applicant was honorably released from active duty. The DD Form 214 she was issued lists her first name as “Judith” and does not include the ARCOM among the list of awards shown. 5. On 27 August 1993, the applicant reentered active duty in the RA. The DD Form 4 completed during this enlistment processing lists her first name as “Judith.” 6. She served until she was honorably discharged on 19 December 1994, having completed a total of 3 years and 6 months of creditable active duty service. The DD Form 214 she was issued for this period list her first name as “Judith” and does not include the ARCOM among the list of awards shown. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states 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. It states for item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), entries will be for all periods of service. DISCUSSION: 1. A review of the applicant's records shows that, with the exception of her ARCOM order, her first name was consistently recoded as “Judith.” It appears that an administrative error occurred during the preparation of her ARCOM order. 2. The evidence of record confirms the appropriate authority awarded the applicant the ARCOM in official orders during her first enlistment period. However, this award is not listed on her DD Forms 214 for the periods ending 13 August 1991 or 19 December 1994. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2