IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017989 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: 25 April 2017 DOCKET NUMBER: AR20150017989 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: 25 April 2017 DOCKET NUMBER: AR20150017989 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 records to show her last name as "D__ - S__" instead of "W___." 2. The applicant states she divorced in 2013 and remarried in 2014. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Certificate of Live Birth * Divorce Decree * Marriage Certificate * Marriage License * Social Security Administration (SSA) Information * Memorandum, subject: Removal from Temporary Disability Retired List (TDRL) Notification * Orders * Texas Department of Public Safety Temporary Permit * Driver License 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 23 March 1996, the applicant enlisted in the Delayed Entry/Enlistment Program. Item 1 (Name - Last, First, Middle) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her last name as "D___." She entered active duty on 1 May 1996. 3. A DA Form 4187 (Personnel Action), dated 19 May 1998, shows she requested to have her last name changed to "G___." This action was verified and approved on the same date. 4. On 14 March 2008, the applicant reenlisted. Item 1 (Name - Last, First, Middle) of her DD Form 4 shows her last name as "W___." 5. On 17 February 2013, she retired and her reason for separation was temporary disability. Item 1 (Name - Last, First, Middle) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as "W___." 6. A review of her official military personnel file (OMPF) reflects her last name as "D__", "G__", or “W__" throughout her record. There are no documents in her OMPF that show her last name as "D__ - S__." 7. She provides a Certificate of Live Birth that shows her last name as "D__." 8. She provides a divorce decree, dated 27 June 2013, that shows she and her spouse were divorced on this date and her last name shows as "W__." 9. She provides a marriage certificate and license that shows she was married on 1 April 2014, approximately 1 year and 1 month after her separation date, to a person with the last name of "S__." 10. She provides a document from the SSA that shows she applied for a Social Security Card, on 4 April 2014, with the last name "D__ - S__." 11. A memorandum dated 25 February 2015 shows she was removed from the Temporary Disability Retired List (TDRL) and an order was attached. 12. Orders D 056-31, issued by the U.S. Army Physical Disability Agency, dated 25 February 2015, show she was removed from the TDRL and permanently retired. 13. She provides a copy of a Texas Department of Public Safety Temporary Permit and a Driver License, issued on 16 September 2015, showing her last name as "D__ - S__." REFERENCES: 1. Army Regulation 601–210 (Regular Army and Army Reserve Enlistment Program) in effect at the time, governed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve. It stated the DD Form 4-series is the basic document establishing a legal relationship between the U.S. Government and the enlisted member. Special care will be taken to see that all items are typed correctly, without strikeover. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION: 1. The evidence shows the applicant enlisted under the last name "D____." She later requested her last name be changed to "G__" (due to marriage). She reenlisted later during her active service with the last name "W___" and she was retired under that last name. After she retired, she divorced and later remarried and acquired her new last name, on 1 April 2014. At no time during her period of active service did she use her current last name. 2. 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. 3. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017989 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2