IN THE CASE OF:	  

		BOARD DATE:	 15 October 2013 

		DOCKET NUMBER:  AR20130004055 


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 "Axxxxxxxxx" instead of "Txxxxx."

2.  The applicant states, in effect, she remarried.

3.  The applicant provides:

* DD Form 214
* marriage license
* letter, Social Security Administration, dated 28 July 2010

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.  The applicant enlisted in the Regular Army on 27 November 1985.  Her Enlistment Contract shows the last name "Txxxxx."  

3.  A review of her records shows she used four different last names during her period of service, none of which reflect the last name "Axxxxxxxxx."

4.  She retired on 31 July 2005.  Her DD Form 214 shows her last name as "Txxxxx."

5.  The applicant provides a letter from the Social Security Administration and a copy of her marriage license which show her last name as "Axxxxxxxxx."  She was married on 29 May 2010.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of her last name from "Txxxxx" to "Axxxxxxxxx" on her DD Form 214 was carefully considered.

2.  Her record of service shows she served under various last names, none of which were the last name she now requests to be reflected on her DD Form 214.  She retired on 31 July 2005 and was married on 29 May 2010, nearly 5 years later.
 
3.  While it is understandable the applicant desires to now record her current last name on her DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

4.  The applicant is advised that a copy of this decisional document that confirms her current name will be filed in her Army Military Human Resource Record.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her current name documented in her military records.

5.  In view of the foregoing, she is not entitled to the requested relief. 

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)                                         AR20130004055



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004055



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1