BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000827 BOARD VOTE: ___x_____ __x______ ______ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000827 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Reissuing the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2010 with her name entered in block 1 (Name (Last, First, Middle)) as it is shown on her Final Order – Petition to Change Name. b. No entries should be made in block 18 (Remarks) of the reissued DD Form 214, either listing the applicant's previous name or indicating the DD Form 214 was administratively reissued. ___________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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000827 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 records to show her name as Zxxxxx instead of Dxxxx in order to match her current records (e.g., government identification cards and other current documents). 2. The applicant states, in effect, she requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her new name. The disclosure of her former name poses a great threat to her safety and her children's safety. Having her DD Form 214 reflect her new name will assist her when filing paperwork where veteran status is a necessity. She has a sealed name change due to circumstances in which she was sexually assaulted, stalked, and harassed. Due to the numerous threats made on her life and the lives of her children, she changed her name so she could start anew. 3. The applicant provides a copy of her: * Order for Change of Name, issued by the Newport News Circuit Court, Commonwealth of Virginia on 24 September 2015 * social security card, issued 5 October 2015 * State of North Carolina Driver License, issued 3 November 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 13 July 2006. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her name as "Dxxxx ." She authenticated the form with her signature. 2. The applicant was discharged from the Army on 14 December 2010. Her DD Form 214 shows her name as "Dxxxx ." She authenticated the form with her digital signature. 3. The applicant's available record is void of any evidence that shows she listed her name as "Zxxxxx " during her period of active military service. 4. The applicant provides official documentation that shows she was granted an official name change to Zxxxxx on 24 September 2015. The Newport News Circuit Court Clerk determined public recording of the name change would pose a serious threat to her and her family's health or safety; therefore, the record of her cause was ordered sealed. In addition, the Clerk decided not to spread or index the order and not transmit any copy of the order to the Registrar of Vital Records or to the Central Criminal Records Exchange. REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation. a. For block 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). b. For block 18 (Remarks), in part, when a DD Form 214 is administratively issued or reissued, enter "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)." However, do not make this entry if the appellate authority; Executive Order; or Headquarters, Department of the Army, directs otherwise. c. Based on the recommendation of the ABCMR or the Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) is authorized to issue or reissue the DD Form 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances, including when it is determined that the original DD Form 214 cannot be properly corrected by issuing a DD Form 215 (Correction to DD Form 214). DISCUSSION: 1. The applicant's available record is void of any evidence that shows she listed her name as "Zxxxxx " during her period of active military service. Her DD Form 214 shows her name as "Dxxxx." 2. The evidence provided confirms the applicant's legal name change occurred after her period of military service. 3. The applicant contends she changed her name because of threats to her and her children. The Newport News Circuit Court determined that her legal name change should be sealed, and not shared, based on threats to the health of her and her family. 4. In the past, the ABCMR has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. The underlying reasoning has been that a post-service name change does not retroactively create an error on the DD Form 214. This is still true; however, the unique circumstances of the applicant's case may increase safety risks for situations in which she must provide a DD Form 214 as proof of military service. 5. Considering the unique circumstances of the applicant's name change request, the Board may recommend issuing her a new DD Form 214 for the period ending 14 December 2010 under the name granted to her by the 24 September 2015 court order. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000827 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2