BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001438 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 BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001438 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. BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001438 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 current legal name. 2. The applicant states, in effect, since leaving the service she divorced and legally changed her name. 3. The applicant provides a copy of her 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. The applicant enlisted in the Regular Army on 10 January 1989. Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) lists her name as "DXXXX, LXXX LXXXXXX." 3. On 15 November 1990, evidence shows she attempted to change her name on all official records to "DXXXX SXXXXXXXX, LXXX LXXXXXX." However, all subsequent documents contained in her Official Military Personnel File (OMPF) list her name as "SXXXXXXXX, LXXX LXXXXXX." 4. On 31 October 2009, the applicant retired. Item 1 (Name (Last, First, Middle)) of her DD Form 214 shows the applicant's name as "SXXXXXXXX, LXXX LXXXXXX." 5. The applicant provides an Agreed Final Decree of Divorce, dated 10 May 2012, from the 169th Judicial District, Bell County, Texas, which legally changed her name to "DXXXX SXXXXXXXX, LXXX LXXXXXX." REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence of record shows that the name "SXXXXXXXX, LXXX LXXXXXX." is consistent with the name on the majority of documents in her OMPF. Further, her name was not legally changed to what she requests until her divorce, which is after she was discharged. As such, the name listed in her records is the name she used during her military service. 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 name she now uses and the name under which she 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) AR20160001438 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001438 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2