ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 January 2019 DOCKET NUMBER: AR20160013432 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Correction of rank from master sergeant (MSG) to first sergeant (1SG) * correct her last name to read Bxxxxx in lieu of Gxxxxx * add her Meritorious Service Medal (MSM) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * identification cards * DD Form 214 * retirement order * MSM certificate * State of Illinois marriage certificate FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states during her service she successfully served as a 1SG from 4 June 2007 through 18 April 2008. She got married on nd changed her last name to Bxxxxx. Also her name is misspelled on the total army Personnel Database (TAPDB) as Ixxxx instead of Gxxxxx. She received her final award after her final DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) was published. 3. The applicant's official records contain Order Number 164-6 showing she was promoted to MSG effective . A DA Form 1059 (Service School Academic Evaluation Report) shows she completed the 1SG course on 1 May 2004. 4. The applicant states she served as a 1SG from 4 June 2007 through 18 April 2008. Her noncommissioned evaluation report (NCOER) for the time period 2 June 2007 through 8 March 2008 lists her rank as MSG and her principal duty title as rear detachment first sergeant. There is no evidence in her record that shows she was laterally appointed to 1SG. 5. The applicant provides her retirement orders 271-03 which list her retired grade/date of rank as 1SG/E-8/1 July 2002; however, in the standard name line of the same order her rank is listed as MSG. She also provides reassignment order number 271-02 in which her rank is listed as MSG. 6. The applicant provides and her records contain an MSM certificate encompassing her 29 year military career. This certificate lists her rank as MSG. This certificate was completed on 10 November 2012 after her DD Form 214 was completed. This award is not listed on her DD Form 214. 7. The applicant requests that her last name be changed from Gxxxxx to Bxxxxx on all military records. The applicant retired from the Army on 31 January 2012. She provides a marriage certificate showing she was married on 26 May 2016. She changed her last name to Bxxxxx. 8. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record, applicable regulations, policy, and guidance. The Board finds the evidence is sufficient to grant partial relief: 1. The applicant's official records contain Order Number 164-6 showing she was promoted to MSG effective 1 July 2002. A DA Form 1059 (Service School Academic Evaluation Report) shows she completed the 1SG course on 1 May 2004. The applicant provided her retirement orders 271-03 which list her retired grade/date of rank as 1SG/E-8/1 July 2002. 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 active Army service at the time of release from active duty, retirement or discharge. Regulations require item 4 to reflect the active duty grade or rank and pay grade at time of separation. Therefore the Board grant’s the applicant’s request to have her DD Form 214 changed to reflect her rank as 1SG. 2. The applicant retired from the Army on 31 January 2012. Her marriage certificate shows she was married on 26 May 2016, four years after retirement. Therefore the Board finds the applicant’s DD214 accurately reflects her name as it was at the time of separation. The Army has an interest in maintaining the integrity of it records, including maintaining its records as they existed at the time they were created and compiled. The data and information that is contained in such records should reflect the conditions and circumstances that existed at the time the records were created. Therefore the applicant’s request to amend her records to reflect her new last name is denied. 3. The applicant’s records contain an MSM certificate encompassing her 29 year military career and was completed on 10 November 2012 after her DD Form 214 was completed and the award is not listed on her DD Form 214. Therefore the Board grant’s the applicant’s request to have this MSM added to her DD Form 214. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant :X :X :X Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: 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 changing her DD Form 214 by: • deleting MSG in item 4a • deleting Meritorious Service Medal (3rd Award) in item 13 • adding 1SG to item 4a • adding Meritorious Service Medal (4th Award) to item 13 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. ADNINISTRAITVE NOTE(S): Not Applicable REFERENCES 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states for item 4 to enter active duty grade or rank and pay grade at time of separation. ABCMR Record of Proceedings (cont) AR20160013432 2