IN THE CASE OF:	   

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140002647 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her name as Axxxx Dxxxx  Wxxxx instead of Dxxxx Axxxx Wxxxx.

2.  The applicant states a typographical error occurred during the processing of her DD Form 214.  She is trying to receive benefits and she needs her name to match her social security number.

3.  The applicant provides her State of Maryland Certificate of Live Birth and her Honorable Discharge Certificate.

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 U.S. Army Reserve on 25 April 1986.

3.  Her DD Form 4 (Enlistment/Reenlistment Document) and DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows her name as Dxxxx Axxxx Wxxxx.

4.  In conjunction with her enlistment, she provided a copy of her birth certificate that shows her name as Axxxx Dxxxx Wxxxx.  However, she also provided a copy of her high school diploma and social security card that show her name as Dxxxx A. Wxxxx.

5.  A review of her records shows she consistently used the name Dxxxx Axxxx Wxxxx throughout her service.

6.  On 3 May 1994, she was honorably discharged.  Her DD Form 214 shows her name as Dxxxx Axxxx Wxxxx.  Her separation orders from the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 3 May 1994, show her name as Dxxxx Axxxx Wxxxx.

7.  She provided a copy of her State of Maryland Certificate of Live Birth, issued on 20 May 2008, which shows her name as Axxxx Dxxxx Wxxxx.  She also provided a copy of her Honorable Discharge Certificate, which shows her name as Dxxxx Axxxx Wxxxx.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated 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.  A review of her records shows that although her birth certificate showed her name as Axxxx Dxxxx Wxxxx, she served exclusively under the name Dxxxx Axxxx Wxxxx and she provided a social security card with this name at the time of her enlistment.  

2.  While it is understandable that she now desires to record the name shown on her birth certificate in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  

3.  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 a change to those records.

4.  The applicant is advised that a copy of this decisional document will be filed in her military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and the name shown on her birth certificate.

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)                                         AR20140002647



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ABCMR Record of Proceedings (cont)                                         AR20140002647



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