IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004015 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her maiden name of G________ instead of her married name of U____. 2. The applicant states she has returned to her maiden name and she needs her DD Form 214 corrected to reflect this name. 3. The applicant provides: * Birth Certificate * Social Security Account Number Card * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) 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 8 April 2004 using her maiden name of G________. 3. Her records do not contain a DA Form 4187 (Personnel Action) requesting a name change; however, her records contain numerous documents beginning in September 2006 which list her last name as U____. She also signed several of these documents using the last name U____. 4. On 28 May 2008, the applicant was honorably discharged. The DD Form 214 she received lists her last name as U____. 5. The applicant provides a copy of her social security account number card which shows her last name as G________, effective 31 December 2014. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. The name is to be entered as shown on the Enlisted Record Brief. However, a comparison should be made with what name is shown on the enlistment contract to ascertain whether a name change has occurred. DISCUSSION AND CONCLUSIONS: 1. The DD Form 214 is a document meant to reflect what is accurate at the time of separation. Although the applicant provides evidence of a name change in the form of her social security account number card, it occurred after her discharge from service. 2. 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. Absent convincing independent and verifiable evidence to the contrary, it is evident that the applicant's last name at the time of her discharge was not her maiden name. 3. While it is understood that she desires to now record her maiden name, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. There appears to be no error pertaining to the applicant's last name at the time of her discharge. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20150004015 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004015 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1