IN THE CASE OF:	

		BOARD DATE:	    28 January 2014

		DOCKET NUMBER:  AR20130009713 


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 C____.

2.  The applicant states she wants her last name changed.  She is divorced and had her last name restored to her maiden name.  This causes confusion when she has to show her DD Form 214 under a different last name.

3.  The applicant provides her DD Form 214 and divorce decree.

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.  Having prior Reserve service, the applicant enlisted in the Regular Army on 22 July 2008.  Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her last name as C____.

3.  She was married on 10 November 2008 and changed her last name to H____.  Her records contain numerous personnel, finance, medical, and legal documents that all show her last name as H____.

4.  She was honorably discharged on 27 March 2010.  She completed 1 year, 8 months, and 27 days of creditable active service.

5.  Item 1 (Name) of her DD Form 214 for this period of service shows her last name as H____.

6.  The applicant provides a State of New Hampshire divorce decree, dated 9 September 2010, wherein it dissolved her marriage and restored her last name to her maiden name of C____.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for 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 evidence of record confirms the applicant changed her last name to H____ upon her marriage in 2008 and this is the last name she used throughout the remainder of her active duty service.

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty.  There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired or reacquired after the Soldier's release from active duty.  Her DD Form 214 correctly shows her last name as H____, the name she held at the time of her discharge.  Therefore, she is not entitled to the requested relief.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s last name in this case.  However, a copy of this Record of Proceedings will be filed in her military records to explain the difference between her current name and her name of record.

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 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)                                         AR20130009713



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ABCMR Record of Proceedings (cont)                                         AR20130009713



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