IN THE CASE OF: BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20160000861 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: 23 February 2017 DOCKET NUMBER: AR20160000861 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: 23 February 2017 DOCKET NUMBER: AR20160000861 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 "JXXXXXX" instead of "JXXXX." 2. The applicant states her last name was changed from "JXXXX" to her maiden name of "JXXXXXX." Her last name was changed on 12 July 2012. She is requesting that her records be changed to show her last name as "JXXXXXX." 3. The applicant provides copies of her: * State of Georgia Final Judgment and Decree, issued by the Superior Court of Muscogee County, GA on 16 July 2012 * DD Form 2 (United States Uniformed Services Identification (ID) Card – Retired), issued on 10 July 2014 * State of Georgia Driver's License, issued on 10 July 2014 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 December 1992. Her DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows she identified her last name as "JXXXXXX" on her enlistment contract, the name she now contends should be her last name of record. 3. The applicant's records contain DA Forms 4187 (Personnel Action) that show: * her legal name change request from "JXXXXXX" to "CXXXX," dated 18 January 1994 * her legal name change request from "JXXXXXX" to "WXXXXXXX," dated 29 March 2000 * her legal name change request from "WXXXXXXX" to "JXXXXXX," dated 23 August 2006 * her legal name change request from "JXXXXXX" to "JXXXX," dated 16 March 2010 4. The applicant's divorce decree, issued by the Superior Court of Muscogee County, GA on 16 July 2012, restored her maiden name to "JXXXXXX." However, her records contains the following documents that are dated after the effective date of her 2012 legal name change: a. DD Forms 99 (Record of Emergency Data), dated 16 August 2012 and 27 November 2012, which show she used and signed her last name as "JXXXX," indicating that for an unknown reason, she was still identifying herself by the last name "JXXXX"; b. DD Form 4/1, signed and dated 27 February 2013, which show she reenlisted for the purpose of retirement, using the last name of "JXXXX." c. DD Form 214 (Certificate or Release or Discharge from Active Duty), for the period ending 28 February 2013, which was issued upon her retirement from the Army. The DD Form 214 shows her last name as "JXXXX," and she signed the form with the last name of "JXXXX." 5. Her record does not contain evidence of a legal name change request from "JXXXX" to "JXXXXXX." 6. The applicant's retired ID card and driver's license show her last name as "JXXXXXX." REFERENCES: Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant was granted a legal name change on 16 July 2012, which changed her last name from "JXXXX" to "JXXXXXX." 2. It appears the applicant understood the process for initiating a name change request through military channels; in several past instances, she successfully had her last name changed. Nevertheless, she did not request a legal name change for the last name of "JXXXXXX" prior to retirement. In fact, her record shows she continued to use the last name of "JXXXX" after her legal divorce on 16 July 2012. 3. It appears the Defense Enrollment Eligibility System (DEERS) database was updated with her new last name of "JXXXXXX" when she her presented her legal documentation to an ID card facility when she requested an updated ID card. 4. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 5. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and satisfy her desire to have her current last name documented in her military 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) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000861 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2