IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015834 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015834 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. IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150015834 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 his military records to show his last name as "Vxxxxxx" instead of "Hxxxxxxxx." 2. The applicant states he changed his last name upon marriage. He has updated this name with the Social Security Administration and would like his military records updated as well. 3. The applicant provides: * social security card * Driver License * State of Florida Marriage Record 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 (RA) on 22 November 2011. 3. The applicant was honorably discharged in the rank/grade of specialist/E-4 on 4 November 2014. Item 1 NAME (Last - First - Middle) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued upon his discharge shows the applicant's last name as "Hxxxxxxxx." 4. The applicant provides a copy of his social security card, driver license and a State of Florida Marriage Record dated 11 September 2015, which shows he married an individual with the last name "Vxxxxxx." REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence of record shows that upon his enlistment in the RA on 22 November 2011, the applicant listed his last name as "Hxxxxxxxx." This name is consistent with the name on every document in the applicant's service records. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. 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. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the difference in the last name he now uses and the last name under which he served. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015834 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015834 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2