ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20170013446 APPLICANT REQUESTS: to change her name from _ on all official military records. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Marriage Certificate 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 requests that her name be changed on all official military records due to marriage. The applicant states all her civilian documents (Driver’s License, etc…) have her married name but her official military records still have her maiden name. 3. The applicant provided her marriage certificate, dated 24 June 1995, to supporther name change from 4. A review of the applicant’s service record shows: a. The applicant took the Oath of Office on 4 June 1978. b. She was assigned to the Military Surface Deployment & Distribution Command, Fort Eustis. c. On 1 November 2016, Separation Order placed the applicant on the Retired list effective 2 March 2017. d. On 24 June 1995, the applicant was married and her last name changed from . ABCMR Record of Proceedings (cont) AR20170013446 5. By regulation, 635-5, 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. The information entered thereon reflects the conditions as they existed at the time of separation. The instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found insufficient evidence in the record which would warrant making a change to the applicant’s name as it appears on the DD Form 214 or in the remainder of her records. The record appears to show that the applicant used the contested name throughout her military career and signed the DD Form 214 using the contested name. There is no evidence that she requested a name change in-service and it was not changed as a result of an error. As a result, the Board recommended denying the applicant’s requested relief. 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 the last name recorded in her military record and the last 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 ABCMR Record of Proceedings (cont) AR20170013446 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 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 AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). Section II – Instructions for Preparing DD Form 214. It states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate. Compare the enlisted record brief/officer record brief to contract for possible name change. NOTHING FOLLOWS 1 2 1