IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012865 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012865 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012865 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 military records to show her last named changed from J___s to H_______z. 2. The applicant states as a result of her divorce she wants her records to reflect her current name. 3. The applicant provides a copy of her current driver’s license and Department of Veterans Affairs (VA) identification card in support of her request. 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 entered active duty on 12 September 2000. 3. On 18 July 2003, the Kaiserslautern Transition Center published Order 199-01 showing her last name as J___s. 4. On 30 September 2003, she was released from active duty. Her DD Form 214 shows her last name as J____s. Additionally, block 18 (Remarks) notes the Soldier entered active duty as H_______z. 3. The applicant submits a driver’s license and VA card that shows her current last name as H_______z. REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at that time, establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service as the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant was divorced after she was released from active duty; her records reflect the last name she served under at the time of release from active duty. 2. For historical purposes, the Army has an interest in maintaining the accuracy 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. 3. The applicant is advised that a copy of this decisional document, will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and the last name she now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012865 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012865 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2