ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20170008057 APPLICANT REQUESTS: Correction of the following items on DD Form 214 (Certificate of Release or Discharge from Active Duty), separation date 1 June 1989: * item 1 (Name (Last, first, middle) * item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) * item 19 (Mailing Address After Separation) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, separation date 1 June 1989 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 her name was spelled wrong (with two “m”) and her pay grade and rank should reflect private first class (PFC)/E-3 on DD Form 214. The address listed on DD Form 214 is also incorrect. 3. The applicant’s name is incorrect on DD Form 214. As a result her name will be corrected on DD Form 214 as an administrative correction and does not require action by the Board. The Board will only consider the issues of the applicant’s rank/pay grade and mailing address after separation for the applicant and it subsequent correction of his DD Form 214 if corrections are deemed appropriate. 4. A review of the applicant’s service record shows: a. On 25 May 1988, she enlisted in the U.S. Army National Guard (ARNG). b. DA Form 4187 (Personnel Action), effective date 12 June 1990, shows the applicant was promoted to private first class (PFC)/E-3. DA Form 2A (Personnel Qualification Record), dated 22 April 1993, section B (Grade Data), item 1 (pay grade) and item 3 (effective date of grade) shows the applicant was promoted to PFC/E-3 on 12 June 1990. c. DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 May 1988, item 3 (Home of Record) and DA Form 2-1 (Personnel Qualification Record – Part II), dated 1 July 1988, item 25 (Home of Record/Address) reflect the same address as listed on DD Form 214, separation date 1 June 1988, item 19. d. On 1 June 1989, she was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-9a (Reserve Component Personnel Ordered to Individual Active Duty Training), and issued an honorable discharge for completion of military occupational specialty training. Her DD Form 214 shows she completed 2 months and 10 days of active service. e. On 23 July 1993, she was discharged from the ARNG and issued a general, under honorable conditions discharge. NGB Form 22 (Report of Separation and Record of Service) shows she completed 5 years, 1 month, and 29 days of service. 5. By regulation, DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. Records must reflect the conditions and circumstances that existed at the time the records were created. Evidence of record shows her name is spelled incorrectly on the DD Form 214. The Board agreed her promotion and change of address occurred after the period covered by the form. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending her DD Form 214 for the period ending 1 June 1989 by showing her last name spelled with only one “M,” as shown on her DD Form 4. 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 changing her rank and address. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, states DD Form 214 (Certificate of Release or Discharge from Active Duty) will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008057 4 1