IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150007117 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 military records to show the spelling of her first name as "Deatra" and her last name as "Sxxxxxx," instead of "Deirdre" and her last name as "Jxxxxxx." 2. The applicant states she was inadvertently taught to spell her name incorrectly by her parents and now it is a serious problem that she needs to have resolved. Additionally, her accountant instructed her that she needs to have her correct name on all legal documents in order to prevent problems when receiving her social security benefits. 3. The applicant provides the following in support of her application: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * 41 military documents to include enlistment/reenlistment contracts, orders, and medical records * 3 documents from Morgan State University * her State of Maryland Certificate of Live Birth * her State of Maryland Driver's License * copies of her social security card * a copy of her U.S. Passport * her State of Maryland Certificate of Marriage, dated 16 June 2003 * her Baltimore City Health Department Notification of Birth Registration 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 was born on 14 September 1961. 3. The applicant enlisted in the USAR on 21 June 1979, at 17 years of age, for a period of 6 years. Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her first name spelled as "Deirdre" and her last name as "Jxxxxxx." 4. In connection with her enlistment, the applicant completed a DD Form 1966 (Application for Enlistment – Armed Forces of the United States). a. In Section X (Statement of Name for Official Military Records) of her DD Form 1966, the applicant stated the following: (1) Her preferred name was not the same as on her birth certificate, which is "Deatra M__ Jxxxxxx." (2) Her name had not been changed through any court or other legal procedure and she preferred to use the name "Deirdre M__ Jxxxxxx," by which she was known in the community. (3) Her social security account number reflected the name Deirdre Jxxxxxx. b. In Section IX (Parental/Guardian Consent for Enlistment) of her DD Form 1966, her mother signed on 31 May 1979, giving her consent for the applicant to join the U.S. Army Reserve (USAR), spelling her first name as "Deirdre" and her last name as "Jxxxxxx." 5. She entered active duty for training on 31 August 1979 and was released from active duty on 4 December 1979 following completion of 3 months and 4 days of net active service. Her DD Form 214 shows her name as "Deirdre M__ Jxxxxxx." 6. After a brief break in service, she reenlisted in the USAR on 13 May 1986. She again enlisted under the name "Deirdre M__ Jxxxxxx." 7. She was honorably discharged from the Ready Reserve on 12 May 1987. Her orders show her name as "Deirdre M__ Jxxxxxx." 8. The documents in her military records consistently show she represented her name as "Deirdre M__ Jxxxxxx" throughout her entire period of active military service. 9. She provides: a. Approximately 41 military documents, including enlistment and reenlistment contracts, orders, and medical records, which are also available in her military records, which show her name as "Deirdre M__ Jxxxxxx," the name she now contends is incorrect. b. Birth certificates, social security cards, and her driver's license, which list her first name as "Deatra," the name she now contends is her correct name. c. A Certificate of Marriage from the State of Maryland, dated 16 June 2003, and a copy of her U.S. Passport, which show her last name as "Sxxxxxx," which she requests correction of as well. However, these documents reveal her last name change did not occur until after she was discharged from military service. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation . DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of her military records to reflect the spelling of her first name as "Deatra" and her last name as "Sxxxxxx" versus "Deirdre" and "Jxxxxxx," respectively, was carefully considered. 2. The documents contained in her military records reflect her first name as "Deirdre." This is the name she used throughout her military service from the time she enlisted into the USAR on 21 June 1979, and again when she reenlisted in 13 May 1986. 3. The change in her last name resulted from her marriage in 2003. She did not use the requested last name during her period of military service. 4. 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 the spelling of her first name in her military records as it appears on her birth certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 5. The applicant is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and the name she now uses. 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) AR20150004219 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 0 ABCMR Record of Proceedings (cont) AR20150007117 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1