IN THE CASE OF: BOARD DATE: 13 March 2012 DOCKET NUMBER: AR20110018313 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her name as Michelle Elizabeth B--------- instead of Thomas Harry H-----. 2. The applicant states there were no errors on the part of the Army but she legally changed her name and she would like her military records to reflect this name change in order to apply for veterans benefits. 3. The applicant provides: * a court order from the State of Indiana, Kosciusko Circuit Court, dated 20 June 2011 * Social Security Administration printout, dated 21 June 2011 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 29 May 1962 under the name Thomas Harry H-----. 3. A review of the applicant's military records shows all documents with the name Thomas Harry H-----. 4. On 28 May 1965, the applicant was released from active duty after completing 3 years of creditable active service. The DD Form 214 issued at the time shows her name as Thomas Harry H-----. 5. The applicant provides a court order issued by the State of Indiana, Kosciusko Circuit Court. It shows the circuit court judge granted the applicant's request for name change from Thomas Harry H----- to Michelle Elizabeth B---------. This document also reassigns the social security number belonging to Thomas Harry H----- to Michelle Elizabeth B---------. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement. or discharge. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant served in and was separated in the name that is listed on her DD Form 214 and all other documents filed in her official military personnel file (OMPF). 2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record her new name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 3. The applicant is advised that a copy of this decisional document, which confirms her new name, will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and to satisfy her desire to have her new last name documented in her military record. 4. In view of the foregoing, her request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ 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. ____________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. ABCMR Record of Proceedings (cont) AR20110018313 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018313 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1