ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  4 January 2021

		DOCKET NUMBER:  AR20200002927


APPLICANT REQUESTS:  The applicant requests, in effect, correction of her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 
ending 6 March 1998 to show her last name as X___.  Additionally, she requests her 
separation date be corrected.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214

FACTS:

1. The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2. The applicant states the last name on her DD Form 214 is incorrect. She married 
while in the service, but did not change her last name. However, her name was 
changed on her military records without authority. Additionally, the incorrect separation 
date is shown and doesn't include her additional years of service.

3. On 14 June 1996, she enlisted in the U.S. Army Reserve under the Delayed Entry 
Program for a period of 8 years beginning in the rank/grade of private/E-1 with an 
obligation to enlist in the Regular Army by 27 August 1996 for a period of not less than 
4 years. Her DD Form 4 (Enlistment/Reenlistment Document) and all allied documents 
shows her last name as X____.

4. On 27 August 1996, she was discharged from the Delayed Entry Program for 
immediate enlistment in the Regular Army for a period of 4 years. Her last name is 
shown as X____.

5. On 26 March 1997, the applicant requested enrollment in the Married Army Couples 
Program. Her DA Form 4187 (Personnel Action) shows her last name as X____.

6. Her record is void of evidence of initiation of a name change request; however, an 
endorsement signed by the Chief, Student Personnel Division, dated 2 April 1997, 
approved the request for legal name change from X____ to X____. 

7.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows the 
name X____ was originally typed on the form and lined through with the name X____ 
printed above the original entry. Additionally, it shows she signed her last name as 
X___.

8. On 12 September 1997, the applicant signed updated SGLV 8286 (Servicemembers' 
Group Life Insurance Election and Certificate). It shows her last name as X___. 

9. Orders 057-0101, Headquarters, U.S. Army Medical Department Center and School 
and Fort Sam Houston, dated 26 February 1998, reassigned her to the U.S. Army 
transition point with an effective date of separation effective 6 March 1998 show her last 
name as X____.

10. Her DD Form 214 shows her last name as X___ in item 1 (Name) and an effective 
separation date of 6 March 1998 in item 12b (Separation Date This Period).  Item 18 
(Remarks) of her DD Form 214 includes the entry "Other name(s) of record:  X___."

11. Orders AHRC-PAP-T, U.S. Army Human Resources Command, dated 15 June 
2004, honorably discharged her from the U.S. Army reserve, effective 15 June 2004. 
Her orders show her last name as X____.

12. In regards to the applicant's request to correct her last name to show X___, neither 
the applicant nor the available evidence in her records show her last name was 
changed prior back to her maiden name [X___] prior to separation.  
13.  In regards to the applicants request to correct her separation end date. The 
applicant did not provide the specific date she was looking for it to be corrected to, 
however, the available evidence provides a copy of orders showing her honorable 
discharge from the USAR, effective 15 June 2004. 

       a.  These orders are applicable to her military service obligation (MSO). An MSO 
refers to the total required service (active duty and reserve commitments) that an 
individual must serve upon accepting an appointment with a military service. 

       b.  Based on the available evidence her DD Form 214 properly reflects her 
separation date from the Regular Army.
BOARD DISCUSSION:

1. After reviewing the application and all supporting documents, the Board found relief is 
not warranted.

2. The available evidence shows the applicant had two names of record during her 
period of active duty service, and at the time of her release from active duty, she was 
using the last name X___.  Her other last name of record, X___, was documented in 
item 18 of her DD Form 214 as required by the governing regulation.  Based on a 
preponderance of evidence, the Board determined the last name recorded in item 1 of 
her DD Form 214 is not an error.

3.  The applicant requests correction of the separation date recorded on her DD Form 
214.  The applicant is advised that the DD Form 214 only documents periods of 
continuous active duty service.  The fact that the applicant was later discharged from 
the USAR has no bearing on the separation date recorded on her DD Form 214, which 
accurately reflects the date she was released from active duty.  Based on a 
preponderance of evidence, the Board determined the separation date recorded on her 
DD Form 214 is not an error.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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.
 
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.


REFERENCES:

1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the Army Board for Correction of Military Records (ABCMR). The 
ABCMR begins its consideration of each case with the presumption of administrative 
regularity. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.

2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for 
preparation of the DD Form 214. The purpose of a separation document is to provide 
the individual with documentary evidence of his/her military service. It is important that 
information entered thereon is complete and accurate. All available records will be used 
as a basis for preparation of the DD Form 214, including the enlisted record brief and 
separation orders.  The regulation provides that other names of record will be recorded 
in item 18 of the DD Form 214.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20200002927


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