IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150014841 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: 19 January 2017 DOCKET NUMBER: AR20150014841 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: 19 January 2017 DOCKET NUMBER: AR20150014841 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 official military personnel file (OMPF) and medical records to show her name as J____ D____ B____. 2. The applicant states: a.  Her OMPF shows she has two different last names. She was unmarried when she entered active duty and her maiden name was L____. b.  On 23 August 2008, she was married and her last name changed to B____. All changes were made through the Defense Enrollment Eligibility Reporting System and when her son, C____ B____, was born on 20 June 2010, he was listed in the same system. c.  Half of her medical records show her maiden name and the other half show her married name. Her name was J____ D____ B____ when she was discharged from the Army. d.  She is having difficulty applying for health benefits with the Department of Veterans Affairs (VA). She was told her maiden name and her married and current name are confusing the online portal for applying for VA benefits. 3. The applicant provides: * social security card * birth certificate * DA Forms 3444-7 (Treatment Record) * DA Form 4187 (Personnel Action) * Nevada driver's license * Gwinnett County Alcoholic Beverages Permit * DD Form 214 (Certificate of Release or Discharge from Active Duty) * U.S. Government Uniformed Services Common Access Card 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 Regular Army on 23 August 2007 under the name J____ D____ L____. 3. She provided copies of her: * birth certificate issued on 20 June 1983, showing her name as J____ D____ L____ * DA Form 4187, dated 5 May 2010, showing she was married on 23 August 2008 and she was getting a divorce * two DA Forms 3444-7, showing her last name as B____ * social security card, showing her name as J____ D____ B____ * Nevada driver's license issued on 24 February 2015, showing her name as J____ D____ B____ * Gwinnett County Alcoholic Beverages Permit, showing her name as J____ D____ B____ * U.S. Government Uniformed Services Common Access Card with an expiration date of 13 August 2015, showing her name as J____ D____ B____ 4. On 6 February 2011, she was honorably released from active duty. Her DD Form 214 shows her name as J____ D____ B____. REFERENCES: 1. Army Regulation 40-66 (Medical Record Administration and Healthcare Documentation) provides policies and procedures for preparing and using medical reports and records in accordance with the North Atlantic Treaty Organization Standardization Agreements and American-British-Canadian- Australian Quadripartite Standardization Agreements. a.  Paragraph 2-3 (Release of Information When the Patient Consents to Disclosure) states if a patient requests information from his or her medical record or copies of documentation in the record, the information or a copy of the record will be provided to the patient within 30 working days. Any request from a patient for disclosure of information or documents from his or her own medical records must be in writing. The patient may complete a DD Form 2870 (Authorization for Disclosure of Medical or Dental Information); if the form is not available to the patient, he or she may submit a letter detailing the request for information or documents. b.  Paragraph 2-4b (Disclosure without Consent of the Patient) states in accordance with Department of Defense (DOD) 6025.18-R (DOD Health Information Privacy Regulation), a Soldier's protected health information may be disclosed to the VA for treatment, payment, and healthcare operations; for sharing between DOD and VA; upon the Soldier's separation/discharge; for sharing between DOD and VA when providing benefits for the same beneficiaries; and upon the Soldier's authorization. c.  Paragraph 3-5 (Patient Identification) states the patient identification section will be completed when each record document is begun. The patient's recording card will be used for the service treatment record and outpatient treatment record; the inpatient identification plate will be used for the inpatient treatment record. When mechanical imprinting is not available, patient identification will be typed, computer-generated, or handwritten in black or blue-black ink. Patient identification must include at least the patient's name; his or her rank, grade or status; his or her family member prefix and sponsor's social security number (SSN); the patient's SSN; date of birth, code for the military treatment facility that maintains records; and his or her registry number, if any. 2. Army Regulation 340-21 (The Army Privacy Program) provides policies and procedures that govern personal information kept by the Department of the Army in systems of records. a.  Paragraph 2-10 (Amendment of Records) states individuals may request the amendment of their records, in writing, when such records are believed to be inaccurate as a matter of fact rather than judgment, irrelevant, untimely, or incomplete. The amendment procedures are not intended to permit challenges of an event in a record that actually occurred or to permit collateral attack upon an event that has been the subject of a judicial or quasi-judicial action. b.  Paragraph 4-3 (SSN) states Executive Order 9397 authorizes the Department of the Army to use the SSN as a system to identify Army members and employees. Once a military member or civilian employee of the Department of the Army has disclosed his or her SSN for purposes of establishing personnel, financial, or medical records upon entry into Army service or employment, the SSN becomes his or her identification number. DISCUSSION: 1. The applicant states the two last names she used while serving in the Army are causing her difficulty in applying for VA benefits. 2. The evidence of record shows she enlisted under the name J____ D____ L____. While serving on active duty, she married and changed her last name to B____. She continues to use the last name B____. Nevertheless, the SSN listed in her military and medical records properly identifies her. 3. While it is understandable that she now desires to have all her military and medical records showing only her married last name, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 4. 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 a change to those records. 5. The applicant is advised that a copy of this decisional document will be filed in her OMPF. This should serve to clarify any questions or confusion regarding the different last names recorded in her military and medical records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014841 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2