ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20180002456 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her maiden last name as X__, X__ X__. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * (DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * State of New York Birth Certificate * State of Texas Marriage License * State of Texas Marriage Certificate * State of New York Divorce order * Social Security Card * State of New York Driver’s License 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 divorced in 1992 and went back to her maiden name of X__, X__ X__ in 2000. She would like her DD Form 214 and military records to reflect her maiden name. She would like to apply for her veteran’s card and future burial under her maiden name. 3. The applicant provides: a. A self authored statement stating that she has enclosed documents to substantiate her request to have her records corrected and her last name on her DD-214 changed from her former married name X__, X__ X__to her currently used maiden name X__, X__ X__. The purposes are for burial in a National Cemetery under the name she served under. She has been using her maiden name since 2000. b. Birth Certificate from Margaretville, New York shows her name as X__, X__ X__. c. Marriage License date 13 July 1981, shows her maiden name as X__, X__ X__. d. Marriage Certificate shows her maiden name as X__, X__ X__. e. Divorce Order from the Supreme Court of the state of dated 28 August 1992 granted the applicant the right to change her name from X__, X__ X__to X__, X__ X__. f. Social Security Card and Driver’s License shows her maiden name as X__, X__ X__. 4. A review of the applicant’s service record shows: a. Service member initial enlistment contract was unavailable for review. However her DD Form 214 shows date entered in the Regular Army as 9 July 1980. She completed required training for the award of military occupational specialty 95B (Military Police). b. Permanent Orders number 121-5 dated 24 September 1982 shows her name as X__, X__ X__. c. She was released from ADT on 24 September 1982. Her DD Form 214 shows in item 1 (Last Name, First Name, Middle), her last name as X___, her first name as X___, and her middle name as X___. d. Orders number C-11-039928 dated 5 November 1984 reassigning her to United States Army Reserve Control Group shows her name as X__, X__ X__. e. She enlisted in the New York Army National Guard (NYARNG) on 13 February 1986. Her DD Form 4 (Enlistment or Reenlistment agreement) shows in Item 1 (Last Name, First Name, Middle), last name as X___, her first name as X___ and middle name is annotated as X___. f. DA Form 2-1 Personnel Qualification Record, section 1 (Identification Data) block 1 shows her name as X__, X__ X__. g. On 15 December 1998, the applicant was discharged from the NYARNG. The (Last Name, First Name, Middle) on orders number 068-088,dated 9 March 1999 reflect last name as X___, her first name as X___ and her middle name as X___. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. b. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name at the time of her separation. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and to satisfy her desire to have her legal name documented in her military records. 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. 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, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002456 4 1