IN THE CASE OF:	  

		BOARD DATE:	  4 February 2015

		DOCKET NUMBER:  AR20140011224 


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 middle names/initials to show N. D.

2.  The applicant states the name in the system does not match either her passport or Social Security Number (SSN) card.  She has been denied adding her mother as a dependent to her Department of Veterans Affairs compensation because the name of record does not match the one on her SSN card.

3.  The applicant provides copies of her passport and SSN card.

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 Army Reserve on 21 February 2003.  Her enlistment contract shows her name as G____, Y____ NJ.  
3.  She enlisted in the Regular Army on 29 July 2003 and served honorably until 28 July 2007.  Her DD Form 214 shows her name as G____, Y____ N____ J.

4.  The documents contained in her official record show her name in divers way as – 

* G____, Y____ 
* G____, Y____ N.
* G____, Y____ NJ
* G____, Y____ N. J.
* G____, Y____ N____
* G____, Y____ N____ J.

5.  No document in the applicant's official record shows her name as G____, Y____ N. D. or G____, Y____ N____ D____. 

6.  The applicant's passport and SSN card show her name as G____, Y____ N____ D____.

DISCUSSION AND CONCLUSIONS:

1.  All available records show the applicant enlisted under the name G____, Y____ NJ and served her entire period of active service under one of several variations shown above.  

2.  There is no evidence she served under the name G____, Y____ N. D. or G____, Y____ N____ D____.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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.  

4.  While it is understandable that she now desires to record the name that she currently uses in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  A copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File to serve as a record of her various names for future reference.


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)                                         AR20140011224



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ABCMR Record of Proceedings (cont)                                         AR20140011224



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