ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190010418 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her name as * her foreign service in Iraq (26 November 2005 – 26 November 2006) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Final Divorce Decree, dated 18 October 2005 * DD Form 214, ending 27 April 2007 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 she was divorced in 2005; therefore, her maiden name should be listed on her DD Form 214. In addition, her deployment in support of Operation Iraqi Freedom is not listed on her DD Form 214. 3. A review of her military records shows that she enlisted in the Regular Army on 17 June 2004. Her name is listed as on her enlistment contract. 4. On 18 May 2005, her commander approved her request to have her military records reflect her legal name change from to. 5. The applicant was divorced on 18 October 2005. Her record is void of a request to change her name to while she was serving on active duty. 6. Orders 116-0118, dated 26 April 2007, published by Headquarters, III Corps and Fort Hood, TX, assigned the applicant to the transition center. These orders show her name as . 7. She was discharged from active duty on 27 April 2007. Her DD Form 214 lists her name as . 8. Permanent Orders Number 264-112, published by Headquarters, 4th Brigade Combat Team, 4th Infantry Division, Iraq, awarded the applicant the Army Commendation Medal for his service in support of Operation Iraqi Freedom from 7 December 2005 to 28 November 2006. This order is sufficient to correct the applicant's DD Form 214, ending on 27 April 2007 as follows: • add to item 12f the entry "0011 22 00" • add to item 13 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars • add to item 18 the entry "SERVICE IN IRAQ FROM 20051207 TO 20061128" BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on her DD Form 214 for the period of service ending 27 April 2007 the following: * her name as * add to item 12f the entry "0011 22 00" * add to item 13 the Global War on Terrorism Service Medal and the Iraq Campaign Medal with two bronze service stars * add to item 18 the entry "SERVICE IN IRAQ FROM 20051207 TO 20061128" 12/2/2020 X CHAIRPERSON 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 (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 3. AR 635-8 (Separation Processing and Documents) states when completing Block 1 of the DD Form 214, compare 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 din block 18. // NOTHIONG FOLLOWS //