IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150006228 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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing her first and middle names. 2. The applicant states she had a name change and needs her DD Form 214 corrected to reflect this court ordered change. 3. The applicant provides copies of: * State of Georgia Superior Court Civil Action, dated 18 October 2012 * Social Security Card issued on 24 October 2013 * State of Georgia Certificate of Live birth, issued on 15 May 2014 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. On 20 July 2011, the applicant was ordered to active duty as a member of the U.S. Army Reserve (USAR) in support of Operation Enduring Freedom. 3. On 19 September 2012, the applicant was released from active duty (REFRAD). 4. On 18 October 2012, the superior court of Clayton County, Georgia, ordered a change pertaining to the applicant’s first and middle names. 5. The applicant has provided copies of her Social Security card and a Georgia birth certificate issued after the court order reflecting her current first and middle names. 6. A review of the applicant’s military records shows that the TAPDB-R (Total Army Personnel Data Base -Reserve) printed on 11 May 2015, reflects her first and middle names as ordered by the court. 7. Army Regulation 635-8 (Separation Processing and Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, correction of her DD Form 214 by changing her first and middle names as reflected in the court order. 2. The available evidence clearly shows the applicant acquired her new first and middle names after completion of her active service on 19 September 2012. At no time during the subject period of active duty did she use her current first and middle names. 3. For historical purposes the Army has an interest in maintaining the integrity of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created. 4. The applicant is advised that a copy of this decisional document, along with her application will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in her current name and the one recorded on her DD Form 214. 5. In view of the foregoing, the applicant's 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006228 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1