ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 February 2019

	DOCKET NUMBER:  AR20170018298


APPLICANT REQUESTS:  correction of her records to show the last name listed on her birth certificate and social security card.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Social Security Card
* Birth 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 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, that she never legally changed her married last name after getting divorced and all of her other documents list her maiden name, X______.  Having her married last name listed on her DD Form 214 is confusing to many employers and other individuals.

3.  On 8 July 2008, she enlisted in the Regular Army.  Her last name is shown as X_____ on her DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States).

4.  Her Enlisted Record Brief, dated 5 July 2011, shows the applicant's last name as X__ and her marital status as "married."

5.  She was discharged on 21 November 2011.  At the time of her discharge, she was issued a DD Form 214 which lists her last name as X__.

6.  She provides her birth certificate and social security card, which show her last name as X_____.

7.  The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The Board agreed there is no evidence the applicant changed her name back to her maiden name after divorce before discharge.



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) prescribes 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 duty.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  All available military records will be used to prepare this form.

ABCMR Record of Proceedings (cont)	 AR20170018298
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