ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20170009244


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* block 12a (Date entered active duty (AD) this Period), change from 1995 10 06 to correct entry date 1997 04 22
* change her last name from X___ to X___ (her name is transposed)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* NGB Form 22A (National Guard Bureau Correction to NGB Form 22)

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 she transferred out of the Maryland (MD) Army NG (ARNG) on 21 April 1997 to return to active duty (AD) on 19970422, see NGB Form 22A.  Her last name changed to her current married name.

3.  The applicant provides NGB Form 22A, dated 31 March 2017.  Under identification data, it shows her date of discharge from the MDARNG as 21 April 1997.

4.  A review of the applicant’s service record shows:

	a.  Having had prior service in the ARNG, she was honorably discharged from the ARNG on 21 April 1997 and enlisted in the Regular Army on 22 April 1997.

	b.  Her DD Form 4 (Enlistment / Reenlistment Document – Armed Forces of the U.S.), dated 22 April 1997, shows on pages one and three her last name as X___.  She signed her DD Form 4 on 22 April 1997 using the last name X___.
	c.  The date of her marriage is unknown.

5.  On 3 August 1999, she was honorably released from active duty with the last name X__.  Her DD Form 214 shows in:  

* block 1 (Name (Last, First, Middle), X___, X___ X___
* block 12a (Date entered AD this Period) 1995 10 06

6.  By regulation, 635-5, the DD Form 214 is a summary 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.  The information entered thereon reflects the conditions as they existed at the time of separation.  The instructions for completing the DD Form 214 states for:

* block 1, enter the name in all capital letters, include "JR," "SR," or "II," when
needed
* block 12a, enter the date of the first day of the last immediate reenlistment for 
which a DD Form 214 was not issued under the  provisions of paragraph 1-4b(5)

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined partial relief was warranted.  Based upon the evidence reflected on the applicant’s DD Form 4, enlistment contract, the Board determined that there was an error with the reflected entry date of service which warranted correction as requested.

However, based upon the documentary evidence provided by the applicant and found within the military service record, the Board found the applicant used the contested name through her military service and, therefore, the name reflected on the DD Form 214 was correct and did not warrant correction.

The applicant is advised that a copy of this decisional document will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and the name currently being used by the applicant.



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 Army records of the individual concerned be corrected by changing the applicant’s DD Form 214 to read:

* (Item 12a) Date entered AD This Period:  	1997 04 22
* (Item 12c) Net Active Service This Period:   	0002 03 14

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 the name of the DD Form 214.
	 
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 Separations - Separation Documents), in effect at the time, the DD Form 214 is a summary 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.  The information entered thereon reflects the conditions as they existed at the time of separation.  The instructions for completing the DD Form 214 states for:

* block 1, enter the name in all capital letters, include "JR," "SR," or "II," when
needed
* block 12a, enter the date of the first day of the last immediate reenlistment for 
which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5)

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	AR20170009244
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