IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170003800 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: AR20170003800 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: AR20170003800 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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as T______ instead of L____. 2. The applicant states due to her divorce she has returned to her maiden name, T______. 3. The applicant provides copies of: * Divorce Decree * Driver's License * Social Security Number Card 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's DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows she enlisted in the Regular Army on 12 April 1978 under the last name of . 3. Her record contains a DA Form 4187 (Personnel Action), dated 14 September 1981, which shows she requested to change her name of record from her name to to based on her marriage. Her request was approved 4. On 29 November 1998, the applicant was medically retired. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her name as x. 5. On 28 September 2016, the applicant's divorce was finalized, her divorce decree changed her name from back to her maiden name, . 6. Her current driver's license and SSN card show the name . REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states to compare the original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18. 2. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), states the ABCMR will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant initially served under the last name by she requested her name of record be changed to Lyxxx based on her marriage in 1981. The Army approved this change and she used the last name Lyxxx for the remainder of her military service. 2. The applicant was serving under her married name at the time of her retirement and her DD Form 214 properly shows her name as it was at that time. 3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should reflect the conditions and circumstances that existed at the time those records were created. 4. The Board understands the applicant’s desire to have her records changed to the name she is currently using. Therefore, a copy of this record of proceedings will be filed in her military record. This should serve to clarify any misunderstandings between the name the applicant used upon her discharge and the name she is currently using. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003800 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003800 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2