IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150018067 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: 11 April 2017 DOCKET NUMBER: AR20150018067 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 issuing a DD Form 215 (Correction to DD Form 214): a. deleting the current entry from item 1 of her DD Form 214 and adding the birth name shown on her Republic of Haiti Birth Certificate Honorable; b. adding to item 18 (Remarks) of her DD Form 214 the name of record shown in item 1 of her DD Form 4 (e.g., REFERENCE ITEM 1, ALSO KNOWN AS: LEVEM___ E____); and c. deleting the current entry from item 24 and adding the entry "Honorable." 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 the applicant's legal name change. _____________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: 11 April 2017 DOCKET NUMBER: AR20150018067 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 name and the characterization of service recorded on her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states her name is "Love M___ P____." Her DD Form 214 shows her name as "Levem___ E____." She also states that she completed active duty for training (ADT) and her service was honorable; however, her DD Form 214 shows a character of service of "uncharacterized." 3. The applicant provides copies of her: * birth certificate (with English translation) * permanent resident card * driver license * social security card * DD Form 214 * DD Form 256A (Honorable Discharge Certificate) * petition for name change * Certificate of Naturalization * Veteran Identification Data 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 1966 (Record of Military Processing – Armed Forces of the United States), completed during the applicant's enlistment processing, shows in: * Section I (Personal Data), item 2 (Name): "E____, Levem___" * Section IV (Certification) – * item 30 (Data Verification by Recruiter), block a (Name), an "X" in the "Other" block and the entry, "Social Security Card" * the applicant and the recruiter signed the form on 1 December 2004 * Section VII (Statement of Name for Official Military Records), item 37 (Name Change): If the preferred enlistment name (name given in item 2) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on your social security number card, complete the following). This section shows no entries or signatures. 3. The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted on 1 December 2004 in the Army National Guard (ARNG) of the United States (ARNGUS) for a period of 8 years and in the Florida ARNG (FLARNG) for a period of 6 years. Item 1 (Name – Last, First, Middle) shows the entry, "E____, LEVEM___." The applicant and the recruiter signed the form on 1 December 2004. 4. U.S. Army Combined Arms Support Command, Fort Lee, VA, Orders Number 098-00246, dated 8 April 2005, awarded the applicant military occupational specialty (MOS) 92A1O (Automated Logistical Specialist), effective 14 June 2005. 5. The applicant's DD Form 214 shows she entered ADT on 6 January 2005, was released from ADT on 14 June 2005, and transferred to an FLARNG unit. She had completed 5 months and 9 days of net active service this period and 1 month and 5 days of total prior inactive service. It also shows in: * item 1 (Name): "E____, LEVEM___ NMN" [No Middle Name] * item 11 (Primary Specialty): 92YA1O, Automated Logistical Specialist * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Service Ribbon * item 14 (Military Education): Automated Logistical Specialist, 12 Weeks, June 2005 * item 24 (Character of Service): "Uncharacterized" * item 28 (Narrative Reason for Separation): Completion of Required Active Service 6. A DA Form 4187 (Personnel Action) shows the applicant requested a change of the name recorded in her military service records from "LEVEM___" to "LOVEM___" and she provided a copy of her birth certificate. A warrant officer in the FLARNG verified the information on 22 July 2005. 7. A Personnel Qualification Record (Enlisted), prepared on 8 December 2008, shows in Section A (Personal Data), item 3 (Name): "E____, LOVEM___ NMN." 8. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the FLARNG on 1 December 2004, was honorably separated from the ARNGUS and the FLARNG on 30 November 2010, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete her military service obligation. She had completed 6 years of total service this period. It also shows, in pertinent part, in item 1 (Name): "E____, LOVEM___ NMN." 9. U.S. Army Human Resources Command, Fort Knox, KY, Orders Number D-12-217687, dated 4 December 2012, honorably discharged the applicant from the USAR effective 4 December 2012. The orders show her name as, "E____, LOVEM___ NMN." 10. In support of her application the applicant provides the following documents: a. Republic of Haiti, Birth Certificate (with English translation), that shows the applicant was born in June 1986 and her parents gave her the name "Lovem___ E____." b. A copy of a Permanent Resident Card and a Florida Driver License, issued to the applicant in 1998 and 2002, respectively, in the name of "Levem___ E____." c. Social Security Card issued to the applicant (date not specified) in the name of "LOVEM___ E____." d. A DD Form 256A that shows "LOVEM___ E_____" was honorably discharged from the USAR on 4 December 2012. e. Department of Homeland Security, U.S. Citizenship and Immigration Services, Petition for Name Change, filed in the United States District Court, West Palm Beach, FL, that shows the applicant's petition for name change from LOVEM___ E____ to LOVE M___ P____ was granted on 8 August 2014. f. United States of America, Certificate of Naturalization, issued to the applicant in the name of "LOVE M___ P____, on 8 August 2014. g. Veteran Identification Data (3 pages), printed on 20 October 2015, that show the applicant's name as "P____, LEVEM___." REFERENCES: 1. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of the applicant's separation from ADT, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3 (Character of Service/Description of Separation), paragraph 3-9 (Uncharacterized separations), shows a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. b. The Glossary describes "entry level status" as the first 180 days of continuous active military service. For members of a Reserve Component (RC) who have not completed 180 days of continuous active military service and who are not on active duty, entry level status begins upon enlistment in a RC (including a period of assignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry level active duty training. 2. AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 3 (Character of Service/Description of Separation), currently in effect, shows in: a. Paragraph 3-7 (Types of administrative discharges/character of service), an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9 (Uncharacterized separations), a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when, in pertinent part, the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. 3. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from ADT, prescribed the policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for: * item 1, enter in all capitals; compare Enlisted Qualification Record to contract for possible name change * item 24, the authorized entries are – * Honorable * Under Honorable Conditions (General) * Under Other Than Honorably Conditions * Bad Conduct * Dishonorable * Uncharacterized * Not Applicable 4. AR 635-8, currently in effect, shows for item 24, that the correct entry is vital since it affects a Soldier's eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. When a RC Soldier successfully completes initial ADT the character of service is honorable, unless directed otherwise by the separation approval authority. DISCUSSION: 1. The applicant contends, in effect, the name and character of service recorded on her DD Form 214 should be corrected to show her legal name and a character of service of honorable. 2. The applicant's birth name was recorded as "Lovem___ E____." 3. She enlisted in the USAR on 1 December 2004 and, for reasons that are not clear, her name was recorded in her military records as "Levem___ E____." a. She completed ADT on 14 June 2005 and was issued a DD Form 214 with her name of record. The period of service was "uncharacterized." b. On 22 July 2005, an ARNG official verified her correct given name was "Lovem___" (not "Levem___"). c. The evidence of record shows her given name was changed in her military personnel records. d. The NGB Form 22 that she was issued on 30 November 2010 shows her name as "Lovem___ E____." e. Orders that honorably discharged her from the USAR on 4 December 2012 show her name as "Lovem___ E____." f. On 8 August 2014, subsequent to the period of military service under review, the applicant legally changed her name to "Love M___ P____." 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in her official military service records to her current legal name. 5. For historical purposes, the Army has an interest in maintaining the integrity 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 her correct birth name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 6. However, based on the evidence of record, the applicant's request for correction of her name has a degree of merit and it would be appropriate to issue a DD Form 215 (Correction of DD Form 214) correcting her DD Form 214 by showing her birth name. 7. The evidence of record shows that at the time of the applicant's release from ADT she had successfully completed her initial MOS training and she was credited with 5 months and 9 days of net active service for the period of service under review. Thus, she was in an entry-level status at the time and the character of her service was correctly entered on her DD Form 214 as "uncharacterized." a. However, the governing Army regulations have since changed and an "honorable" character of service is authorized for a Soldier in entry-level status provided he/she completes the period for which ordered to ADT. The applicant successfully completed initial entry training and she was awarded MOS 92A1O. b. Based on the evidence of record, it would be appropriate to correct the character of service shown on the applicant's DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018067 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2