IN THE CASE OF:	  

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021753 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her new name and Social Security Number (SSN).

2.  The applicant states, in effect, that she had her name legally changed and she was issued a new SSN.  She needs her new name and SSN placed on her DD Form 214 so that she can utilize her veterans benefits.

3.  The applicant provides copies of her birth certificate, Social Security card and court order directing her name change.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 June 2004.  She completed her training as an automated logistics specialist.  She married and changed her name to that which is reflected on her DD Form 214.

2.  On 21 March 2011, a court order was published which approved a legal name change for the applicant.  Additionally, she was issued a new SSN.  Her petition to change her identity stated her ex-husband attempted to murder her, for which he was convicted, and he had recently been released from prison.  She needed to change her name to avoid contact by him.

3.  On 4 June 2011, she was honorably released from active duty (REFRAD) due to completion of required service.  Her DD Form 214 issued at the time of her REFRAD reflects the name and SSN under which she was serving at the time of her REFRAD.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the name and SSN depicted on the applicant’s DD Form 214 is the SSN that she enlisted and served under during all of her service and the last name she served under.  Although she changed her name and SSN while still in the Army, she did not request that her name and SSN be changed and she did not use the requested name and SSN when she served in an active status.  Therefore, there is no evidence of record or independent evidence that suggests her military records exhibit a material error or injustice.

2.  Normally, for historical purposes the Army has an interest in maintaining the integrity 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.  

3.  However, as a matter of equity only given the circumstances surrounding her name and SSN change, it would be appropriate to add her current name and SSN in item18 (Remarks) of her DD Form 214.  

BOARD VOTE:

____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 the DD Form 214 of the individual concerned be amended by adding her current name and SSN in tem 18 as shown on the court order directing her name change and on her SSN card.



      ___________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)                                         AR20130021753





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ABCMR Record of Proceedings (cont)                                         AR20130021753



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