ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  27 June 2019

	DOCKET NUMBER:  AR20170008245


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), separation date as of 26 February 2013, to show her last name as "X" instead of "X."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* driver's license, Texas
* marriage license, Bell County, TX, dated 16 January 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.    The applicant states, in effect, she request her last name to be changed on her DD Form 214 due to marriage.

3.  The applicant's DD Form 214 for the period 24 February 1997 through 30 November 2015 and all the other official records and documents in her military record show her last name as "X" or "X."  These documents include but are not limited to the below records:

* DD Form 4 (Enlistment – Reenlistment Document Armed Forces of the United States), dated 24 February 1997
* Final Decree of Divorce, Bell County, TX, dated 15 January 2014
* Finance Records Review, dated 1 May 2015
* DD Form 93 (Record Emergency Data), dated 16 June 2015
* DD Form 93, dated 21 September 2015
* Enlisted Records Brief, dated 30 November 2015
* DD Form 214, dated 30 November 2015
4. The applicant's DD Form 214, block 18 (Remarks) list her last name "X" as another last of record.  Her record is void of evidence for approval of her record last name change listed as "X" instead of "X."   

5.  Her military record is void of evidence, which shows her last name listed as "X."

6.  The applicant provides the following evidence to support her request for correction of her record to show her last name as "X:"

* marriage certificate showing she was married to a person with the last name "X on 16 January 2017
* driver's license, issued on 17 January 2017

7.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes guidance for DD Form 214, block 1 (Name), to compare with the original enlistment contract or appointment order and review the official record for possible name changes.  If a name change has occurred, list other names of record in block 18 (Remarks).

BOARD DISCUSSION:

1.  The Board carefully consider the applicant’s request, supporting documents and evidence in the records.  The Board discussed the last names under which the applicant served and the marriage license provided by the applicant showing a change to her last name after her period of service.  The Board determined that the last name reflected on the applicant’s DD Form 214 was accurate at the time of her separation; there was no error or injustice.  

The Board advises the applicant that a copy of this decision will be placed in her records to clarify the difference between the last name(s) under which she served and the last name she uses today.

2.  After reviewing the application and all supporting documents, the Board found that relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  

	a.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.

	b.  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, list other names of record in block 18 (Remarks).

ABCMR Record of Proceedings (cont)	 AR20170008245
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