ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  
BOARD DATE:  27 March 2019
DOCKET NUMBER: AR20170014765


APPLICANT REQUESTS: in effect, correction to item 1 (Name (Last, First, Middle))  of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her name to read "XXXX" instead of "XXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 10 March 2017
* DD Form 214, effective date 25 July 2006
* Copy of Order of Name Change, Superior Court , dated 5 August 2009

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 requested her name to be changed on her DD Form 214. She provides evidence, which shows she received a court order to change her name to read "XXXX."

3. Item 1 of the applicant's DD Form 214 for the period 5 March 1993 through 25 July 2006 recorded her name as "XXXX." None of the documents in her military record recorded the name she now requests; though, the following documents did record an alternate last name:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 5 March 1993 shows her last name as "XXXX"
* DA Form 2-1 (Personnel Qualification Record) shows her last name as "XXXX"
* Enlisted Record Brief, dated 25 July 2006 shows her name as "XXXX"
* 

4. She provides a copy a Court Order ( from the Superior Court  showing her name legally changed to "XXXX" after her period of active service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based on current regulations and policy, applicant name change request was denied because the name change occurred post-service. The DD Form 214 is a representation of service at the time of discharge and that was the current name of the applicant at the time of her separation.

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:

1. 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.

2. A copy of this decisional document will be filed in the Applicant's 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 she currently uses.












655563
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 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), in effect at the time of the applicant's discharge, established the policy for preparing and distributing the DD Form
214. The regulation directed that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. Paragraph 2-4h stated, for completing item 1 (Name) of the DD Form 214, "Enter in all capitals, include "SR," "JR" or "II," if appropriate.  Compare ERB/ORB to contract for possible name change."