IN THE CASE OF:	  

		BOARD DATE:	        29 JULY 2008

		DOCKET NUMBER:  AR20080005880 


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, that her name shown in her military records be changed from __.

2.  The applicant essentially states that she legally changed her name via a court order in January 2006.  

3.  The applicant provides her Order for Name Change, dated 30 January 2006, in the Circuit Court of Phelps County, Missouri at Rolla, Missouri which legally changed her name from  in support of this application.

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's military records show that she enlisted in the Regular Army on 1 November 1990 under the name .  However, on 5 November 1991, the applicant submitted a written request to change her name from  on 2 June 1994.

3.  Although the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) is not present in her Official Military Personnel File (OMPF), she essentially requested that her name shown in her military records be changed from _.  She also provided her Order for Name Change, dated 30 January 2006, in the Circuit Court of Phelps County, Missouri at Rolla, Missouri which legally changed her name from in support of this application.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that Item 1 (Name [Last, First, Middle]) will contain the name taken from the Soldier’s personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her name shown in her military records should be changed from J___ 

2.  Although the applicant enlisted in the Regular Army on 1 November 1990 under the name , her 5 November 1991 request to change her name from  was approved on 8 November 1991.  The evidence shows that after this date, the applicant served and was released from active duty under the name J , and that her service in the Armed Forces of the United States was completed under this name.  The fact that on 30 January 2006, more than 8 years after her release from active duty, she changed her name from  is not a sufficiently mitigating factor that warrants granting the relief she has requested.

3.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which she served and was released from active duty under.  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.  While it is understandable the applicant desires to now record what her legal name is currently, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military records and the name that is currently her legal name.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        XXX                ___
                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)                                         AR20080005880



3