IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20160001608 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: 9 March 2017 DOCKET NUMBER: AR20160001608 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: 9 March 2017 DOCKET NUMBER: AR20160001608 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 name as "We-- S. Gal--" instead of "We-- S. Bur--." 2. The applicant states she is now divorced. 3. The applicant provides her divorce decree. 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 previously served in an enlisted status from 17 June 1982 to 15 November 1994. Her enlistment documents together with her DD Form 214 (Certificate of Release or Discharge from Active Duty) show her name as "We-- S. Gal--." 3. On 3 October 1994, she submitted a DA Form 61 (Application for Appointment). She listed her name on this application and all allied documents as "We-- S. Gal--." 4. She was appointed as a Reserve warrant officer of the Army and executed an oath of office on 16 November 1994. Her appointment memorandum and oath of office listed her full name as "We-- S. Gal--." 5. She served in a variety of stateside or overseas assignments and she was promoted to chief warrant officer three (CW3). All documents in her records, including evaluation reports, promotion orders, assignment/reassignment orders, and awards reflected her full name as "We-- S. Gal--." 6. She retired on 30 September 2004 and she was placed on the retired list in her retired rank of CW3 on 1 October 2004. Her retirement orders and DD Form 214 for this period of service listed her full name as "We-- S. Gal--." 7. She provides a divorce decree, dated 16 November 2015, that shows she and her spouse were divorced on this date and her last name is listed as "Bur--." The divorce decree further restored her former last name ("Gal--"). REFERENCES: 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 of record shows the applicant served in an enlisted status from 17 June 1982 to 15 November 1994 under the full name of "We-- S. Gal--." This name is consistent with the name on all documents in her service record during this period of service. She did not use the last name of "Bur---" at any time during her enlisted service. 2. The evidence of record further shows the applicant served in a warrant officer status from 16 November 1994 to 30 September 2004, also under the full name of "We-- S. Gal--." This name is also consistent with the name on all documents in her service record during this period of service. She did not use the last name of "Bur---" at any time during her warrant officer service. 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. The applicant's records reflect the name she was using at the time of her active service. There is no evidence indicating she used the name "Bur---" during her service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001608 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001608 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2