ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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	BOARD DATE:  16 April 2019

	DOCKET NUMBER:  AR20180012132


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her last name as "XXXXX" instead of "XXXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Order for Change of Name 

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 enlisted as a cadet in the U.S. Army Reserve on 7 September 1983.  
Her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States) lists her last name as "Smith."

3.  Her official military personnel records contain a DA Form 4187 (Personnel Action), 
dated 19 May 1995, in which she changed her last name to "XXXXXX."

4.  The applicant honorably retired on 31 August 2009.  Her DD Form 214 lists her last 
name as XXXXX."

5.  The applicant provides a copy of her Order for Name Change from the 
Commonwealth of Virginia, dated 31 July 2018, which changed her last name from 
"XXXXXX."

6.  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 the evidence 
presented does not demonstrate the existence of a probable error or injustice.  The 
applicant used the contested name during her period of service without changing it 
before 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.

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 on her 
court order. 

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 (Separations Documents), prescribed the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It established standardized policy for the 
preparation of the DD Form 214.  It stated 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)	 AR20180012132

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