ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 April 2019 DOCKET NUMBER: AR20190002031 APPLICANT REQUESTS: in effect, correction of his DD Forms 214 (Report of Separation Form Active Duty), with an effective date of 13 November 2011, to show: * item 1 (Last Name – First Name – Middle Name) - " , " instead of " , Jr." * item 12f (Foreign Service) to reflect his period of service in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * copy, Certification of Birth, State of Ohio Office of vital Statistics, dated 11 April 1989 * copy of court order, Court of Common Pleas , Division of Probate, dated 8 May 2018 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, in effect, his legal name change is reflected in Defense Enrollment Eligibility Reporting System (DEERS), however, when he applied for employment his record did not show his current name as written on his birth certificate. He contends his foreign service is not recorded for his period of service in both OIF and OEF. 3. On 18 July 2007, the applicant enlisted into the Regular Army for a period of 4 years and 17 weeks. His DD Form 4 (Enlistment – Reenlistment Document Armed Forces of the United States) and all the other official records or documents in his military record reflect his name as " , Jr." or " , ." These documents include but are not limited to the below records: * DD Form 1966 ( Record of Military Processing – Armed Forces of the United States), dated 14 July 2006 * DD Form 93 (E) (Record Of Emergency Data), dated 18 November 2009 * Permanent Orders 232-009, Headquarters, 1st Battalion, 17th Field Artillery Regiment, dated 20 August 2010 * Permanent Orders 240-05, NATO Training Mission – Afghanistan, Combined Security Transition Command – Afghanistan, dated 28 August 2010 4. On 13 November 2011, the applicant was released from active duty. His DD Form 214 shows: a. His last name is listed as " , Jr." in item 1. b. Item 12f shows he completed 1 year, 2 months, and 18 days. c. He served in Iraq from 23 April 2008 to 10 July 2009 (1 year, 2 months, and 18 days) and he served in Afghanistan from 30 June 2010 to 30 June 2011 (1 year and 1 day) d. The entries in item 18 (Remarks) pertaining to his foreign service in Iraq and Afghanistan show he completed a total of 2 years, 2 months, and 19 days of foreign service. 5. The applicant provides a certification of birth from Ohio, which shows his name as " Jr." and a court order that shows his name was changed from " Jr." to " ." His military record is void of evidence that shows his name listed as " ." 6. The applicant's available record and the Interactive Personnel Electronic Records Management System (iPERMS) are void of an Enlisted Records Brief. 7. Army Regulation 635-5 (Separation Documents) states foreign service performed during the period covered in block 12c (Net Active Service This Period) of the individual's DD Form 214 would be entered in item 12f. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determine there is sufficient evidence to grant partial relief. The applicant’s contentions were carefully considered. The applicant’s DD Form 214 clearly shows his periods of war-time service in the remarks section; however, those period were not accurately totaled in Block 12f of the form. 2. In reference to the name change, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during his entire period of service, and the name was changed after the period covered by the DD Form 214. Therefore, the Board determined the overall merits of this request are insufficient as a basis for correction of the records of the individual concerned. 3. 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 about the difference in the name recorded in his military records and the name on his court order. 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 block 12f of his DD Form 214 for the period ending 13 November 2011 by showing “02 02 19.” 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 amending his name on 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. ADMINISTRATIVE NOTE(S): Not Applicable 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) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. a. Foreign service, taken from the ERB, performed during the period covered in block 12c (Net Active Service This Period) of the individual's DD Form 214 would be entered in item 12f. b. When an active duty Soldier was deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYY/MM/DD format)" would be entered in block 18. //NOTHING FOLLOWS//