ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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	BOARD DATE:  16 April 2019

	DOCKET NUMBER:  AR20170008774


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her last name as "XXXXXX" instead of 
"XXXXXXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Final Judgment and Decree of Divorce

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 enlisted in the Regular Army on 3 July 2001.  The last name listed on 
her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States) is "Franklin."      

3.  She retired honorably on 7 XXXXX 2006.  Her DD Form 214 shows her last name 
listed as "XXXXXXX."

4.  The applicant provides a copy of a Final Judgment and Decree of Divorce from the 
Superior Court , Domestic Relations Division that 
restored her maiden name to "XXXXXXX" on 16 December 2013, after her period of 
active service.  

5.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  




BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined relief is not 
warranted.  The applicant’s contention was carefully considered.  The applicant 
changed her name after the period of service covered by the DD Form 214 resulting 
from a divorce.  Regulatory guidance provides the separation document is a synopsis of 
the most recent period of active service.  Based upon regulatory guidance, the Board 
agreed there is no error or injustice in this case.

2.  The applicant is advised that a copy of this decisional document will be filed in her 
official military personnel file.  This should serve to clarify any questions or confusion 
about the difference in the name recorded in her military records and the name on her 
divorce decree. 

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 635-5 (Separation Documents), then in effect, prescribed 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 service.  It provides a 
brief, clear-cut record of active Army service at the time of release from active duty, 
retirement, or discharge.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008774

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