ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180003068


APPLICANT REQUESTS:  her last name corrected on her DD Form 214(Certificate 
of Release or Discharge from Active Duty) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Petition for Dissolution of Marriage
*	DD Form 214 

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 (ABCMR) 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 was divorced before her discharge and had taken her 
maiden name back.  Her unit incorrectly listed her by her married name on her DD 
Form 214.

3.  The applicant provides:

	a. The first page of the petition for dissolution of marriage.

	b.  DD Form 214 for the period ending 13 October 1989.

4.  A review of the applicant’s service record shows:

	a.  She enlisted in the Regular Army on 12 June 1985.  .  Her DD Form 4 
(Enlistment/Reenlistment Document Armed Forces of the United States) shows in 
item 1 Name (Last, First, Middle) X__, X__ X__.

	b.  The applicant was married on 24 April 1987, and requested her name to be 
changed from X__, X__ X__ to X__, X__ X__.

	c.  She was honorably discharged on 13 October 1989, her DD Form 214 shows 
in item 1 Name (Last, First, Middle) X__, X__ 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.
 
6.  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 reviewing the application and all supporting documents, the Board found the 
relief was not warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows she changed her name after marriage.  Her record is 
absent evidence showing she requested a name change from her married name 
prior to separation.  The Board agreed there was no error or injustice in this case.

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 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.


NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180003068

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