IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004948 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 records to show her last name as "Wxxxxx" instead of "Pxxxx." 2. The applicant states her records currently reflect her last name as "Pxxxx"; however, she married in March 2015 and subsequently changed her last name. She requests her military records be corrected to reflect her last name as "Wxxxxx." 3. The applicant provides a copy of her marriage certificate. 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 United States Army Reserve (USAR) on 18 October 1993. Item 1 (Name - Last, First, Middle) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her last name as "Pxxxx." 3. Her record contains various personnel, finance, medical, and other documents that show her last name as "Pxxxx." Many of these documents were authenticated by the applicant using this last name. 4. She was retired on 26 July 2011 and placed on the temporary disability retired list. Item 1 (Name - Last, First, Middle) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as "Pxxxx." 5. She provides a marriage certificate that shows she was married on 11 March 2015, 3 years and 7 months after her retirement, to a person with the last name of "Wxxxxx." 6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 shows that upon her enlistment in the USAR on 18 October 1993, the applicant listed her last name as "Pxxxx." This last name was utilized consistently throughout her military service and is recorded in her record. This was the last name she used when she retired from military service. 2. The DD Form 214 is a document used to record a Soldier’s period of active service and contains the most accurate information available at the time of separation to include a Soldier’s name. Although the applicant provides evidence of a name change due to marriage, it occurred 3 years and 7 months after her retirement from military service. 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. While it is understandable that she now desires to record a different last name in her military records, 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, which confirms her new last name, will be filed in her service record. This should serve to clarify any questions or confusion in regards to the difference in the last name recorded in her military record at the time of her service and her current last name. 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) AR20150004770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004948 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1