ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 February 2019

	DOCKET NUMBER:  AR20180000124


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty and her National Guard Bureau (NGB) 22 (Report of Separation and Record of Service) to show her current legal name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, ending 13 August 2004
* NGB 22, ending 24 March 2005
* DD Form 214, ending 17 November 2005
* Divorce Decree, dated 11 March 2015
* Social Security card, issued 17 June 2016
* Social Security card, issued 26 September 2017
* Michigan (MI) birth certificate, issued 22 November 2017
* MI Driver License, issued 4 December 2018

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 has changed her name several times since being separated from the service; however, in March 2015, she legally changed her name to X___ X___ X____, which is her birth name.

3.  The applicant enlisted in the MI Army National Guard (MIARNG) on 8 January 2004.  At the time of enlistment her last name was X____.

4.  She completed active duty for training during the period 26 February to 13 August 2004.  The DD Form 214 that she received for this period lists her last name as X_____.

5.  She was discharged from the MIARNG on 24 March 2005.  Her last name is shown as X______ on her NGB Form 22.

6.  The applicant served in the Regular Army from 7 October 2004 to 17 November 2005.  Her DD Form 214 for this period shows her last name as S_____.

7.  On 11 March 2015, the applicant was divorced.  She provides her birth certificate, driver's license, and social security card, which all show her last name as X___.

8.  The last name listed on her DD Forms 214 and NGB Form 22 is the only last name recorded in her military records.

9.  Regulatory guidance prescribes that the DD Form 214 and the NGB Form 22 will reflect the conditions and circumstances that existed at the time the records were created.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The legal name change occurred after the periods of service in which the DD Form 214 and NGB 22 covered.



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.

3.  National Guard Regulation 600-200 (Enlisted Personnel Management) states to prepare the NGB Form 22 for every Soldier being separated from the ARNG or released from the custody and control of the military.  It states to enter the name listed on the 
DA Form 2-1 (Personnel qualification Record) in block 1 (Name) of the NGB Form 22.


ABCMR Record of Proceedings (cont)	 AR20180000124
0

3


1