ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180013841 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) - a. for the period ending on 29 May 1987 to show: * Block 1 (Last, First, Middle) – The name C, A G * Block 24 (Character of Service) – "Honorable" instead of "Entry Level Status" b. for ending period 18 May 2011 to show: * Block 1 (Last, First, Middle) – The name C, A G * Block 14 (Military Education) - BNCOC Phase 1 1994, 2 weeks; ANCOC Phase 1 1997, 2 weeks; * Block 11 (Primary Specialty) - 46R4O Public Affairs Broadcast Specialist * Block 12b (Separation Date This Period) – from "18 May 2011" to "23 April 2015" * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Good Conduct Medal; 17 March 2011 * Block 23 (Type of Separation) – Retirement * Block 25 (Separation Authority) – Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) * Block 26 (Separation Code) - (VFJ) * Block 28 (Narrative Reason for Separation) – from Completion of Required Active Duty to Permanent Disability Retirement c. Her name should be shown on all of her military documents as C, A G. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs letter, dated 26 September 2018 * Department of Veterans Affairs letter, dated 24 August 2017 * DA Form 199-1 (Formal Physical Evaluation Board Proceedings), dated 23 March 2015 * Orders D078-37, dated 19 March 2015 * Active Duty Orders, dated 10 December 2013 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 August 2012 * DD Form 214, ending period 18 May 2011 * DD Form 214C (Certificate of Release or Discharge from Active Duty (Continuation Sheet), dated 14 April 2011 * Letter of Recommendation, dated 11 April 2011 * Good Conduct Medal Orders, dated 17 March 2011 * Passport Card, dated 28 December 2010 * Letter of Recommendation, dated 22 August 2010 * DA Form 2166-8 (NCO Evaluation Report), dated 24 October 2009 * Letter of Release from Theater, dated 10 August 2009 * DA Form 1059, dated 22 August 1997 * DA Form 1059, dated 21 June 1996 * DA Form 1059, dated 21 July 1995 * DA Form 1059, dated 18 June 1994 * DD Form 214, ending period 29 May 1987 * Letter of Commendation, dated 27 May 1987 * Word document Request for DD Form 214 Correction 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 that she was not contacted to review her DD Form 214 and therefore the document contains multiple errors. A DD Form 215 was created to correct errors; however, the applicant states that errors still exist. 3. The following correction to the applicant's DD Form 214 for the period ending on 18 May 2011, was addressed through the issuance of a DD Form 215 (Correction to DD Form 214), dated 31 August 2012: Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal. The Board will not consider further this requested change. 4. The applicant enlisted in the U.S. Army Reserve (USAR) on 14 November 1986 and entered active duty for training on 23 January 1987. The applicant was released from active duty training on 29 May 1987. Her DD Form 214 for this period contains the following entries: a. Block 1 shows shows the applicant’s name as D, G A. Her record does not contain any documentations or requests for a name change during the period prior to or during the period covered by this DD Form 214. b. Item 11 shows her primary MOS (PMOS) as 75D (Personnel Records Specialist). This MOS later converted into MOS 42A (Human Resources Specialist). 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. This regulation stated 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. 6. The applicant's record contains two document's, listed below, which show that her official name of record changed from "D, G A" to "C, G A" sometime between 26 March 1999 and 12 July 2000. * Orders A-085-1, dated 26 March 1999 show her name as "D, G A" * DD Form 4 (Enlistment/Reenlistment Document), dated 12 July 2000, shows her name as "C, G A" 7. On 16 November 2008, the applicant was mobilized on active duty in support of Operation Iraqi Freedom. During the mobilization, the applicant served in duty military occupational specialty (DMOS) 46R4O Public Affairs Broadcast Specialist from 10 March 2009 to 15 November 2009, as noted on an NCOER she received during the period covered. The applicant served in DMOS 46R4O for less than a year. There is no record of the applicant receiving orders awarding the 46R4O MOS, or attending the 46R Public Affairs Broadcast Specialist Course before or after active duty mobilization. 8. The applicant was issued Orders 103-0002, effective date 18 May 2011 that released her from active duty. The orders state the applicant is “released from active duty not by reason of physical disability.” 9. On 18 May 2011, the applicant was honorably released from active duty. Here DD Form 214 contains the following entries: * Block 1 (Last, First, Middle) –C, A G * Block 9 (Command to Which Transferred) – USAR Control Group Reinforcement * Block 11 (Primary Specialty) – 42A (Human Resources Specialist) * Block 12b (Separation Date This Period) –18 May 2011 * Block 23 (Type of Separation) – Release from Active Duty * Block 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4 (Separation for Expiration of Service Obligation) * Block 26 (Separation Code) - (MBK) * Block 28 (Narrative Reason for Separation) –Completion of Required Active Duty 10. Army Regulation 635-5 (Personnel Separations - Separation Documents) states to enter the Soldier’s name in Block 1 (Last, First Middle). The Enlisted Record Brief, Officer Record Brief, and enlistment contract are used as source documents to review for possible name changes. If a name change has occurred list other names of record in block 18. 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. 11. On 19 December 2013, the applicant was ordered to active duty for one day for the purpose to participate in the Reserve Component Managed Care Evaluation/Disability Evaluation System and related medical appointments. The applicant was released from active duty 19 December 2013. 12. On 23 April 2015, the applicant was issued Order D 078-37 that released her from assignment and duty while serving in the Army Reserve because of physical disability incurred while entitled to basic pay and under conditions that permitted her retirement for permanent physical disability. The applicant was not on active duty during the time she was determined to be permanent physically disabled. 13. Army Regulation 635-5 states that Reserve component (RC) Soldiers will be issued a DD Form 214 after completing 90 day or more of continuous active duty service. The regulatory guidance also states that a DD Form 214 can be issued for RC Soldiers who will be separated for physical disability regardless of the length of time served on active duty. The applicant did not receive a DD Form 214 that reflects the permanent physical disability declaration on 23 April 2015 because she was not on active duty at the time she was determined to be permanently physically disabled. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documetns and evidence in the records. The Board considered the applicant’s statement, her records of service, corrections previously issued (DD Form 215), the time period of her name change, her release from active duty and subsequent disability retirement. The Board found that her name as recorded on her DD Form 214 for the period ending 29 May 1987 was accurate at the time it was prepared. The Board found no error or injustice on this record. This was further supported by her name as it appeared on orders published in 1999. The Board further determined that there was an error in item 24 (Character of Service) of this DD Form 214 that requires correction. The applicant completed her required training and was awarded an MOS; her character of service should be honorable. 2. The Board found that the DD Form 214 for the period of service ending 18 May 2011 reflected the name change requested by the applicant and the subsequent DD Form 215 corrected the applicant’s requested changes to item 13 by adding an AGCM and item 14 by adding BNCOC and ANCOC Phase 2 dates, correctly showing the applicant’s completion of these two-phased courses. The Board found evidence on an NCOER that the applicant served in a Duty MOS of 46R40 during her deployment to Iraq, but found no evidence of her being awarded that MOS and the applicant provided none. The Board found that the applicant was a member of the USAR IRR Control Group at the time of her retirement due to permanent physical disability and not on active duty in 2015. The Board determined, based on a preponderance of evidence, that the date of the applicant’s release from active duty and the reason for separation was not in error or unjust. 3. The applicant is advised that a copy of this decision will be placed in her records to clarify the difference between the last name appearing in a portion of her records and the name she uses today. 4. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 of service ending 18 May 2011 by showing in item 24 (Character of Service) – “Honorable”. 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 a name change on the applicant’s 1987 DD Form 214, adding 46R40 to item 11, changing the entries in item 14, or changing the date and reason for separation on the applicant’s 2011 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. ADMINISTRATIVE NOTE(S): N/A ? 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 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated to enter the primary MOS code number, title, and date of award. The primary specialty is derived from the Enlisted Record Brief. The entry should include the titles of all MOSs served for at least 1 year and the number of years and months served each MOS. There is no provision to record a "Duty MOS." 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated: a. 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. b. A DD Form 214 will be prepared for Reserve Component Soldiers who complete 90 days or more of continuous active duty. c. Army Regulation 635-5 did not provide for adding additional periods of active duty service to a previously issued DD Form 214 or for issuing Reserve Component Solders a DD Form 214 for periods of consecutive active duty service of less than 90 days. d. Block 1: Enter the Soldier’s name Name. Compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18. 4. Army Regulation 635-200 (Personnel Separations Enlisted Personnel) Chapter 4 (Separation for Expiration of Service Obligation) prescribes the separation of Soldiers upon expiration of enlistment or fulfilment of service obligation. ABCMR Record of Proceedings (cont) AR20180013841 3 1