BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008208 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Maxxx."

2.  The applicant states, in effect, she divorced and changed all necessary records to show her maiden name "Maxxx."

3.  The applicant provides:

* divorce decree
* Social Security Card
* driver’s license
* Department of Veterans Affairs (DVA) identification card
* Blue Cross Blue Shield insurance card
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show the applicant enlisted in the Army on 24 October 1989 with the name "Maxxx."  She completed training and was awarded military occupational specialty 71L (Administrative Specialist).  The highest rank/grade she attained while on active duty was specialist/E-4.

3.  On 13 February 1991, the applicant requested a name change to "Monxxxxxxx."  The name change was approved and her records were updated to show the name change.

4.  On 27 July 1993, the applicant was honorably discharged with severance pay due to a physical disability.

5.  Item 1 (Name) of her DD Form 214 shows her last name as "Monxxxxxxx."  

6.  On 6 June 1996, the applicant was granted a divorce and it was ordered and decreed that she be allowed to return to her maiden name "Maxxx."

7.  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.  It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of her DD Form 214 to show her last name as "Maxxx" was carefully considered.

2.  The fact that she provides a copy of her divorce decree which shows she was allowed to return to maiden name "Maxxx" on 6 June 1996 is duly noted.  However, this does not change the conditions and circumstances that existed at the time her service records were created.  A copy of this Record of Proceeding will be filed in her records to show her current name.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20110008208



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ABCMR Record of Proceedings (cont)                                         AR20110008208



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