ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20180005302 APPLICANT REQUESTS: correction of his name DD Form 214 (Certificate of Release from Active Duty) to show: * name change * enlistment bonus APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Name Change Probate Court 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 he would like his records to match his legal name and he never received his sign on bonus of $24,000, due to re-class. He was not aware his sign on bonus was listed as paid in item 18 Remarks on his DD Form 214. 3. The applicant provides: a. A judgment entry change of name of adult dated 1 September 2011 from County Probate Court which shows the request and order of change of name of R__ L__ K__ to J__ L__ C__. 4. A review of the applicant’s service record shows: a. He enlisted in the delayed entry program USAR on 21 August 2007 and he enlisted in the Regular Army on 19 September 2007 and in conjunction with this enlistment the following forms were completed: (1) DD Form 1966 (Record of Military Processing) shows: * Item 9 Military Occupational Specialty (MOS) 68W (Combat Medic) Section IV Certification * Item 32 Specific (Option/Program Enlisted for, Military Skill, or assignment to a Geographical Area Guarantee) table 9-1 program 9A US Army training enlistment program, Req. OPT 03 (request option) and 9C (US Army Incentive Enlistment Program (US Army Cash Bonus, 4 yr Enl. US Army Seasonal Bonus (High Priority Seat), I-IIIA) US Army Incentive Enlistment Program Req. OPT 174, 270 (request option), MOS 68W1O00Y 4 years 0 weeks UNCM (US Army Training Enlistment Program) (2) DD Form 3286 (Statement for Enlistment US enlistment Program US Army Delayed Enlistment Program) shows: * Page 1-the program 9A UNCM (US Army Training Enlistment Program) 9C US Army Incentive Enlistment Program (US Army Cash Bonus, 4 yr Enl. US Army Seasonal Bonus (High Priority Seat), I-IIIA) * Option 9A UNCM (US Army Training Enlistment Program) 174, 270 US Army Incentive Enlistment Program (US Army Cash Bonus, 4 yr Enl. US Army Seasonal Bonus (High Priority Seat), I-IIIA) Page 2 item 3d-He also acknowledged that he was qualified and enlisting for an MOS or CMF (career management field) that had a Cash bonus, that the bonus amount authorized on his enlistment into the Regular Army would be the amount authorized upon his entry into the delayed entry program. Further he understood that the bonus for his CMF or MOS on the date 19 September 2007 was $24,000 authorized by HQDA, DAPE-MPA, Enlisted Incentive Program effective 25 July 2007 and would be paid in accordance with DA instruction b. He received an honorable discharge certificate on 2 April 2009. c. A voided DD Form 214 dated 2 April 2009 which shows his name as K__, R__, L__. Item 18 (Remarks) period of delayed entry program: 21 August 2007- 18 September 2007/enlistment bonus paid: $24,000.00, 19 September 2007/member has not completed first full term of service// Nothing Follows. His characterization of service was under honorable conditions (general). d. His duplicate DD Form 214 dated 2 April 2009 which shows name as K__, R__< L__. Item 18 (Remarks) shows period of delayed entry program: 21 August 2007- 18 September 2007/enlistment bonus paid: $24,000.00, 19 September 2007/member has not completed first full term of service//service characterization upgraded per Army Discharge Review Board (ADRB) proceedings AR20160013914 on 18 October 2017 following application dated 21 July 2016//Nothing Follows. His characterization of service was honorable. e. The ADRB reviewed his case and voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority and narrative reason for separation to Secretarial Authority. 5. Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy) states, only the Director, DFAS–IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the Army Board for Correction of Military Records (ABCMR) per provisions of AR 15–185. 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. The Army, by law, may pay claims for amounts due to applicants as a result of correction of military records. b. The ABCMR will furnish DFAS copies of decisions potentially affecting monetary entitlement or benefits. DFAS will treat such decisions as claims for payment by or on behalf of the applicant. DFAS will settle claims on the basis of the corrected military record. DFAS will compute the amount due, if any. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Although the applicant did not state it within the application, based upon the fact that it appears the applicant is a transgender Soldier, based upon the requested name change, and the potential prejudices some transgender Soldiers may face when presenting a DD214 with a different name than currently used, the Board found there were potential injustices that would provide sufficient reason to grant the requested relief. The Board wished to inform the applicant that if the applicant can provide additional information regarding her enlistment bonus then she can resubmit to the Board. 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: a. voiding his current DD Form 214 and issuing him a new DD Form 214, showing his name as shown on the court-ordered name change. b. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating the DD Form 214 was administratively reissued. 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 enlisted bonus. 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 (AR) 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. a. 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. b. For item 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). c. For item 18, in part, when a DD Form 214 is administratively issued or reissued, enter "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)." However, do not make this entry if the appellate authority, Executive Order, or Headquarters, Department of the Army, directs otherwise. d. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 3. Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy) states, only the Director, DFAS–IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the Army Board for Correction of Military Records (ABCMR) per provisions of AR 15–185. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. The Army, by law, may pay claims for amounts due to applicants as a result of correction of military records. b. The ABCMR will furnish DFAS copies of decisions potentially affecting monetary entitlement or benefits. DFAS will treat such decisions as claims for payment by or on behalf of the applicant. DFAS will settle claims on the basis of the corrected military record. DFAS will compute the amount due, if any. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180005302 2 1