BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006866 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 15 May 2018 DOCKET NUMBER: AR20160006866 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 financial records to show her name changed. 2. She states her name changed as a result of marriage. 3. She provides: * Judgement of Divorce * Marriage Certificate * North Carolina Driver License * Social Security Card * Department of Veterans Affairs, Summary of Benefits, dated 25 February 2016 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 U.S. Army Reserve (USAR) on 21 April 1989. Her initial enlistment contract shows her last name as Gxxxxxx. 3. During her period of service she was order to active duty on 29 November 1990 to 12 June 1991 in support of Operation Desert Shield/Desert Storm. Her DD Form 214 issued at the time of her release from active duty shows her last name as Gxxxxxx. She was discharged from the USAR on 21 May 1997. 4. The applicant submits her Marriage Certificate showing she was married on 20 October 2000 and assumed the last name of Txxxx. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents are accurate. DISCUSSION: 1. The applicant requests correction of her financial records to show her name changed. 2. She married her current spouse on 20 October 2000 after her discharge from the USAR; therefore, her records properly show the last name she served under during her Army service. Her military records do not contain an error in regard to her last name and this Board has no jurisdiction to correct records maintained by the Defense Finance and Accounting Service (DFAS). 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record her new name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 4. It would be appropriate to file a copy of this decisional document, which confirms her new last name, in her military record. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and to satisfy her desire to have her new last name documented in her military record. BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160006866 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006866 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006866 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2