BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160003463 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: 19 September 2017 DOCKET NUMBER: AR20160003463 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: 19 September 2017 DOCKET NUMBER: AR20160003463 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 the last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 January 2011 be changed from "S___" to "G___." 2. The applicant states there is no error on his DD Form 214. He had his last name legally changed to "G___." 3. The applicant provides: * Marriage Certificate from the State of Minnesota * DD Form 214 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. Orders 09-309-00074, dated 5 November 2009, show he was ordered to active duty as a member of his Reserve Component unit, on 14 January 2010. These orders identify him with the last name "S___." 3. Orders 339-1037, dated 5 December 2010, show he was released from active duty, effective 7 January 2011. These orders identify him with the last name of "S___." 4. Item 1 (Name - Last, First, Middle) of his DD Form 214 shows his last name as "S___." 5. A review of his official military personnel file (OMPF) shows his last name as "S___" throughout his record. There are no documents in his OMPF that show his last name as "G___." 6. He provides a marriage certificate that shows, on 27 August 2011, he was joined in marriage with the last name as "S___" and after marriage his last name shall be "G___." He was married approximately 7 months and 3 weeks after his active duty separation date. REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The evidence shows the applicant entered active duty on 14 January 2010 under the last name "S____," and he was honorably released from active duty under that last name on 7 January 2011. He acquired his new last name on 27 August 2011, after he was released from active duty. He later requested his last name be changed to "G__" (due to marriage), however, at no time during his period of active service did he use his 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 should 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 his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current name and the name recorded on his 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) AR20150018947 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003463 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2