ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 March 2019

	DOCKET NUMBER:  AR20170018745


APPLICANT REQUESTS:  correction of the following documents to show her name as 
"XXXXX XXX XXXX" instead of "XXXXX XXXX":

*	item 1 Name (Last, First, Middle) of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) 
*	Standard Form (SF) 15 (Application for 10-Point Veterans Preference)
*	documents reflecting her education benefits
*	any other document showing her previous name

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Affidavit
*	Final Order

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 she is having difficulty when she applies for employment and 
when she applies to take classes to finish her degree due to her name change.  

3.  The applicant enlisted in the Regular Army on 5 November 1987.  She retired 
honorably on 30 November 2007.

4.  Her DD Form 214 shows her name listed as "XXXXX, XXXXX."

5.  Her military record is void of evidence that shows she served with the name "XXXXX 
XXX XXXX."

6.  The applicant provides a copy of a Petition to Change Name from the Superior Court 
 that shows her name changed to "XXXXX XXX XXXXX" on 
24 October 2011, after her period of active service.  

7.  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 there is 
insufficient evidence to grant relief.  The applicant’s name change occurred after the 
period of service covered by the DD Form 214.  Without any extenuating factors other 
than a name change due to marriage, the Board agreed regulatory guidance provides 
for the maintaining of military records as they were during the members period of 
service.

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 she now 
uses.

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)	 AR20170018745

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