ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 November 2019 DOCKET NUMBER: AR20170012710 APPLICANT REQUESTS: in effect, her name be changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) from X__ to X__. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Social Security Card * DD Form 214 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 (ABCMR) 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 her maiden and legal name is X__. She was married in 2014 with plans to legally change her name to X__ with the Social Security Administration; however, her marriage did not last and she is currently separated from her husband. She requests to have her name changed on her DD Form 214 from X__ to X__. 3. The applicant provides her social security card, which shows her name as X__. 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 9 October 2012 under the name of X__. b. Her service records are void of any documents showing her name was changed to X__. c. She was honorably released from active duty on 25 June 2015. Her DD Form 214 shows her name to be X__ and she completed 2 years, 8 months, and 17 days of active service. 5. Her Certificate of Live Birth shows her birth name to be X__. 6. By regulation 635-8, prescribes the transition processing function of military personnel system. It supersedes and consolidates AR 635-5 and Department of the Army (DA) Pamphlet (PAM) 600-8-11. This new regulation provides principles of support, standards of service, policies, tasks, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Board members noted that she was going by that name during her entire military service. Because the DD Form 214 is a document that captures information at the time of publication and does not reflect changes after the publication date, the Board found no error or injustice which would warrant making a change to the name on the applicant’s DD Form 214. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and the name currently being used by the applicant. 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. 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 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, in effect at the time, prescribes the transition processing function of military personnel system. It supersedes and consolidates AR 635-5 and Department of the Army (DA) Pamphlet (PAM) 600-8-11. This new regulation provides principles of support, standards of service, policies, tasks, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Paragraph 5-6 (Rules for completing the DD Form 214), a., Block 1 (Name), compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names in record in block 18 (Remarks). NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170012710 3 1