IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150005652 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ____x ___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150005652 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 deleting the current military occupational specialty shown in item 11 of her DD Form 214 and replacing it with military occupational specialty 89B1P. 2. The Board further determined 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 correcting her DD Form 214 to show her last name as S____. ______________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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150005652 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 S____ and her parachutist special qualification identifier (SQI). 2. The applicant states: a. She divorced and changed her legal name from F____ to S____ in 2010 to align her name with her maiden name as evidenced in the attached name change order. The appearance of her old name on her DD Form 214 is an injustice because it reflects her former married name. This is an error because she no longer uses the last name S____. Her name has been changed for years and her DD Form 214 should reflect her most current name. b. She was airborne qualified and her military occupational specialty (MOS) was 89B1P (ammunition specialist – parachutist). The SQI "P" represents parachutist as shown in the military schools she completed. The omission is an injustice because once a Soldier graduates from airborne school and is assigned to an airborne unit, the Soldier's MOS would automatically reflect the "P" SQI. She requests an update of her MOS from 89P1O to 89P1P. 3. The applicant provides: * DD Form 214 * U.S. Passport * New Jersey driver's license * Department of Homeland Security Employee Identification Cards 4. Although she stated she attached her name change order, no such document was attached to her application. 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 3 November 2004 under the last name S____. 3. Headquarters, U.S. Army Infantry Center, Permanent Orders 139-2897, dated 19 May 2005, awarded her the Parachutist Badge and MOS 89B1P effective 27 May 2005 for successful completion of airborne training. Her last name is shown as S____ in these orders. 4. She was released from active duty on 4 August 2008 and transferred to the U.S. Army Reserve to complete her military service obligation. 5. Her DD Form 214 shows: * item 1 (Name – Last, First, Middle) – F____, N____ A____ * item 11 (Primary Specialty) – 89B1O * item 18 (Remarks) – BLOCK 1: OTHER NAME(S) OF RECORD: N____ A. S____ 6. Her records contain a diploma from John Jay College of Criminal Justice, dated 1 February 2011, conferring a Bachelor of Arts degree upon her. Her last name is shown as F____ on this diploma. 7. U.S. Army Human Resources Command Orders C-01-200206, dated 5 January 2012, released her from the U.S. Army Reserve Control Group (Reinforcement) and assigned her to a troop program unit effective 21 December 2011. Her last name is shown as F____ in these orders. 8. Her records contain a DD Form 93 (Record of Emergency Data), dated 17 January 2012. Her last name is shown as S____ in item 1 (Name – Last, First, Middle Initial) of this form. 9. Headquarters, 99th Regional Support Command, Orders 12-257-00018, dated 13 September 2012, discharged her from the U.S. Army Reserve effective 6 October 2012. Her last name is shown as S____ in these orders. 10. Her records do not contain copies of her marriage license or divorce decree. REFERENCES: 1. Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) provides guidance to individuals, commanders, personnel managers, proponents, and combat and material developers, and contains information on the classification of individuals by identifiers and positions. a. The enlisted MOS code contains nine characters and provides more specific occupational identity than the MOS. The MOS code is used to classify both personnel and positions in authorization documents. The elements of the MOS code include: (1) First three characters. This is a three-character numeric-alpha combination that identifies the MOS without regard to level of skill. The first two characters relate to the MOS. (2) Fourth character. This is a number. With the first three characters, it shows skill and grade level in the MOS. (3) Fifth character. This may be a letter or a number that reflects an SQI common to a number of positions and MOS. The letter "O" will always be inserted as the fifth character when a position does not require special qualifications or an individual is not qualified for award of an SQI. (4) Sixth and seventh characters. These may be alpha-numeric or numeric-alpha characters that represent additional skill identifiers (ASIs). ASI codes are used to identify skills closely associated with but in addition to those in the basic MOS. The numbers "00" will be inserted as the sixth and seventh characters when a position does not require an ASI or a Soldier is not qualified for award of an ASI. (5) Eighth and ninth characters. These are two-letter combinations that identify foreign language requirements and qualifications. Orders, records, and reports will use the letters "OO" when a foreign language is not required or a Soldier is not foreign-language qualified. b. Table 12-1 (Special Qualification Identifiers) shows SQI "P" represents parachutist. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 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 all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. a. The instructions for item 1 stated to compare the original enlistment contract or appointment orders and review official records for possible name changes. If a name change has occurred, list other names of record in item 18. b. The instructions for item 11 stated to enter the titles of all MOSs served for at least 1 year and include the number of years and months served for each MOS. For an enlisted Soldier, also specify the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of an SQI, if applicable. Enter "O" when not applicable. DISCUSSION: 1. The applicant's records do not contain copies of her marriage license or divorce decree. 2. Her records show she enlisted in the Regular Army on 3 November 2004 under the last name S____. 3. She completed airborne training and was awarded SQI "P" effective 27 May 2005. Item 11 of her DD Form 214 does not show her SQI. 4. She married and changed her last name to F____ at some point between completion of airborne training and her release from active duty on 4 August 2008. Item 1 of her DD Form 214 properly shows her last name as F____ at the time of her release from active duty. Item 18 properly shows she also served under the last name S____. She did not divorce and resume her maiden name of S____ until some point following her release from active duty and her discharge from the U.S. Army Reserve on 13 September 2012. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005652 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005652 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2