BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150013624 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 BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150013624 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. BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150013624 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) and military service records to show her last name as "Hxx" instead of "Cxx." 2. The applicant states, in effect, her DD Form 214 and records need to be changed. After her divorce on 31 October 2000, she resumed using her maiden name of "Hxx." She was awarded a 10 percent disability pension from the Department of Veterans Affairs (VA) on 17 July 2015. She is unable to cash or deposit the checks because they list her last name as "Cxx." Her legal last name is "Hxx." 3. The applicant provides her DD Form 214, social security card, divorce decree, and a letter from the VA. 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 the cases 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. 2. The applicant enlisted in the Regular Army (RA) on 22 April 1997. Her records contain a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), which lists her last name (maiden) as "Hxx." 3. She was married on an unknown date and her last name became "Cxx." 4. Her records also contain the following: * Request for Name Change memorandum, dated 15 January 1998, showing her last name was changed from "Hxx" to "Cxx" * DA Form 2-1 (Personnel Qualification Record – Part II) showing the last name of "Hxx" was lined-through and the last name of "Cxx" was entered * documents prepared subsequent to her name change listing the last name "Hxx" lined-through and "Cxx" entered 5. She was discharged on 10 November 1998. Item 1 (Name (Last, First, Middle)) of her DD Form 214 lists her last name as "Cxx." 6. She provided the following: * social security card showing her last name as "Hxx" * divorce decree, dated 31 October 2000, granting her a divorce * letter, dated 17 July 2015, wherein she was advised of entitlement to VA benefits beginning on 1 April 2015; the letter lists her last name as "Cxx" REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any, verified in the Soldier's record. DISCUSSION: 1. The applicant enlisted in the RA under her last name "Hxx." She married on an unknown date. In January 1998, a request for a last name change was approved. Subsequently all records contained in her OMPF were updated to show her last name as "Cxx" instead of "Hxx." She was discharged on 10 November 1998. Her DD Form 214 lists her last name as "Cxx." 2. She provided documentation showing she was divorced on 31 October 2000 and resumed using the last name "Hxx." The evidence shows this last name change was effected subsequent to her 1998 discharge. The evidence shows the last name on her DD Form 214 accurately reflects the name she was using at that time. 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. 4. Correction of VA records does not fall within the purview of this Board, as such, the applicant is advised any issue pertaining the name listed on her disability payments will have to be addressed by the VA. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013624 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013624 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2