IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170001814


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:  26 September 2018

		DOCKET NUMBER:  AR20170001814


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:  26 September 2018

		DOCKET NUMBER:  AR20170001814


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 military records to show her current last name of WXXXX.

2.  The applicant states her last name has changed from JXXXX to WXXXX.  She was divorced on 21 October 2014 and remarried on 28 October 2014.

3.  The applicant provides copies of:

* 2014 divorce degree
* her 2014 marriage certificate
* current New York State Driver's License
* Social Security Number card issued 14 April 2015
* Enlisted Record Brief
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 30 April 2002, the applicant enlisted under the last name of JXXXX.  

3.  She served under that last name through her discharge due to parenthood on 5 February 2007.

4.  The applicant divorced and remarried in 2014 taking the last name WXXXX at that time.  

REFERENCES:

Army Regulation 635-8 (Separation Processing and Documents), prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  For block 1 (Name), compare with the original enlistment contract or appointment order and review the official record for possible name changes.  If a name change has occurred while on active service, list other names of record in block 18 (Remarks).

DISCUSSION:

1.  The applicant served her entire period of service under the name JXXXX.  She did not divorce, remarry, and take the last name WXXXX until 7 years after her release from active duty.

2.   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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20170001814



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170001814



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2