IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150012403 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: 9 August 2016 DOCKET NUMBER: AR20150012403 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 existing date of birth from item 5 of her DD Form 214 ending on 3 February 2007 and adding a date of birth as shown on her birth certificate. 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 any relief in excess of that described above. _____________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: 9 August 2016 DOCKET NUMBER: AR20150012403 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 Army National Guard (ARNG) records to show her date of birth (DOB) as XX March 1966 vice XX March and her last name as "" vice "." 2. She also requests correction of the National Guard Bureau (NGB) Form 55 (ARNG Honorable Discharge Certificate) to show her name as "" vice "." 3. The applicant states her records contain an incorrect DOB and name. She was married on 30 November 2008. 4. The applicant provides: * Certificate of Live Birth * Marriage Certificate * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 Alabama ARNG (ALARNG) on 21 August 2006. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) listed her first and middle names as "" and "" and her last name as "." It also listed her DOB as XX March . 3. Her DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) listed her first and middle names as "" and "" and her last name as "." It also listed her DOB as XX March 1966. Item 30 (Data Verification by Recruiter) indicated the recruiter verified her name, age, and citizenship via her birth certificate. 4. She entered active duty for training (ADT) on 5 September 2006 and completed training for military occupational specialty 42A (Human Resources Specialist). 5. She was released from ADT to the control of her State ARNG on 3 February 2007. Her DD Form 214 shows in: * Item 1 (Name (Last, First, Middle)), her first name as "," her middle name as "," and her last name as "" * Item 5 (DOB), her DOB as XX March 6. Several documents in her service records confirm she used the last name and authenticated some documents with her signature using this last name. These include: * promotion orders * Servicemembers Group Life Insurance (SGLI) Certificate * Record of Emergency Data 7. On 28 January 2009, she transferred from the ALARNG to the Connecticut ARNG (CTARNG). She used the last name "." She was assigned to the 192nd Engineer Battalion. 8. On 15 March 2009, she submitted through her chain of command a DA Form 4187 (Personnel Action) requesting a change of last name from "" to "." She attached a marriage license. 9. Several documents in her service records confirm she used the last name "" and authenticated some documents with her signature using this last name. These include: * SGLI Certificate * DA Form 2-1 (Personnel Qualification Record) * orders transferring her to the Inactive National Guard (ING) * orders transferring her from the ING to her unit 10. On 8 August 2012, CTARNG published orders honorably discharging her from the ARNG effective 20 August 2012. Her discharge orders listed her last name as "." 11. She was also issued an Honorable Discharge Certificate that listed her last name as ""; however, her first and middle names are shown as "" instead of "." 12. She was discharged on 20 August 2012. Her NGB Form 22 (Report of Separation and Record of Service) shows in: * Item 1 (Last Name-First Name-Middle Name) - , * Item 7 (DOB) - XX March 13. She provides: * certificate of live birth with a DOB as XX March 1966 * marriage certificate confirming her marriage on 30 November 2008 to T--- REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. 2. National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of ARNG Soldiers. Paragraph 6-14(a) states an honorable characterization is issued to Soldiers upon separation or fulfillment of military service obligation. An honorable characterization is issued on the NGB Form 55 to Soldiers concurrently discharged from the ARNG and as a Reserve of the Army with honor. 3. Army Regulation 15-185 (ABCMR) states the Board will not consider any application if it determines that a member has not exhausted all administrative remedies available to him/her. DISCUSSION: 1. The applicant contends her records contain administrative errors with respect to her name and DOB. In effect, she refers to her DD Form 214 and her NGB Form 22. 2. When the applicant initially enlisted in the ALARNG in August 2006, her DD Form 1966/1 listed her last name as "" and her DOB as XX March 1966. Her recruiter indicated he verified her DOB via her certificate of birth, which is attached to and is filed with her enlistment contract. 3. She entered ADT on 5 September 2006 and she was released from ADT on 3 February 2007. Her DD Form 214 correctly listed her last name as "" and her DOB as XX March (not 1966), based on her enlistment contract. This DOB is clearly in error. Her DD Form 214 should have listed her year of birth as 1966. 4. After her release from active duty and transfer to the CTARNG, in March 2009, she got married. She requested a name change from "" to "" and her chain of command/State officials approved the name change. From that point on, her records began reflecting the last name "." 5. She was honorably discharged from the ARNG on 20 August 2012. Her NGB Form 22 contained a similar error as her DD Form 214 with respect to her DOB and her ARNG Honorable Discharge Certificate transposed her first and middle names. a. Although these errors should be addressed, the appropriate forum to address and resolve them lies with the State ARNG and/or the NGB as these are State forms. The regulation under which this Board operates states that the Board will not consider any application if it determines that a member has not exhausted all administrative remedies available to him/her. There is no evidence that the applicant applied to the State for the correction she seeks and was denied relief. b. On 5 July 2016, the case analyst of record coordinated with the appropriate office within the CTARNG to correct her NGB Form 22 and reissue a correct Honorable Discharge Certificate. If the applicant does not hear from her state ARNG within 90 days, she should send a written request to the CTARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012403 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2