ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:   

	BOARD DATE:  9 September 2019

	DOCKET NUMBER:  AR20180006012


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

* Block 1 (Name) from X___ X. X___ to X___ X. X___ 
* Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) from private (PVT)/E-1 to specialist (SPC)/E-4
* Block 19 (Mailing Address After Separation) from X X__ X__, X__ X__, SC 29__ to X_X__ X___ X___ , X___ Fl___ 32___.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Discharge Order 0-09-074321
* DA Form 3686 (Leave and Earnings Statement)
* Self-Authored Statement

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 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 upon discharge was X__ X. X__.  She would like her name upon discharge, her rank and address on her current DD Form 214 after separation to reflect her correct name, last rank and mailing address.  She adds that at time of discharge her name was Xh_ X. X_, her last rank/grade was E-3 and the mailing address on her current DD Form 214 after separation is incorrect.  She states it should be RR_ X__ St, X_ X_, Xl _32__.  She also states that she served beyond the date of separation that is stated on her original DD Form 214, in order for her to receive the rank.  She states she is applying for disability sustained from an injury during Basic Training and would like her DD Form 214 updated as soon as possible.


3.  The applicant provided:

	a.  Discharge orders number 0-09-074321 from the Ready Reserve which shows effective 6 October 1988, she received an honorable discharge.  Her name as X__ X_ X__, her grade as E-3/ PFC, and her address as RR_ Xr_ X_, X_ X_, X_ 32_.

	b.  DA Form 3686 (Leave and Earning Statement) period covered 1 – 29 February 1984, also showing her name as X_ X. Xr_ and her grade as E-3.

	c.  A self-authored statement requesting that the information on her DD Form 214 be updated by reviewing documents showing her rank as an E-3.  She states it should also explain that she served beyond the date of separation that is stated on her original DD Form 214, in order for her to receive rank.  She is applying for disability sustained from an injury during basic training and would like her record updated as soon as possible.

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

	a.  She enlisted in the United States Army Reserve on 7 October 1982.  Her name was X_ X_ X_ at time of enlistment and she was an E-1.

	b.  She entered active duty on 20 October 1982, for 16 weeks for active duty training.

	c.  She held military occupational specialty (MOS) 75B (Personnel Administration Specialist) and was assigned to Company A, 2D Battalion Troop Brigade, Fort Benjamin Harris, IN. 

	d.  On 16 March 1983 she was honorably relieved from active duty training with the Narrative Reason for Separation as Reserve Component Personnel upon Completion of MOS Training.  She completed 4 months and 27 days of active service for this period.  Her DD Form 214 shows:

* Block 1, her name as X_ X. X_
* Block 4a and 4b, her rank and grade as PVT and E-1
* Block 19, her mailing address after separation as XX__ X__, X__ X__, SC 29__.

e.  On 6 October 1988, the applicant was discharged from the Ready Reserve 
with an honorable discharge.  Her discharge order reflects her correct name, address after separation and grade at time of discharge.


4.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation Documents), 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  Each of the requested relief occurred after the period covered by the DD Form 214.  The Board agreed records must reflect the conditions and circumstances that existed at the time the records were created.

The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and to satisfy her desire to have her legal name documented in her military records.
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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 Army Board for Correction of Military Records (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, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section II – Instructions for Preparing DD Form 214.  It states for block 1, enter name in all capital letters.  Include “JR,” ”SR,” or “II” when needed, block 4, (a and b) enter active duty grade of rank and pay grade at time of separation and block 19, enter the mailing address and county of residence furnished by the individual at time of separation.  The county may be omitted if not listed in appendix A.  Do not list civilian penal institutions as a mailing address after separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180006012


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