ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20180012331


APPLICANT REQUESTS:  to change her name (Name (Last) from X____ X____ on her DD Form 214 (Report of Separation from Active Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Records)
* Self-Authored Letter
* Social Security Card
* Driver’s License
* Court Document
* Marriage Certificate
* Court Order Approval

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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant provides:

	a.  A self-authored letter stating she would like her maiden name to be placed on her DD Form 214.  She joined the military in July of 1976 as X____ X____.  While in service her new name was X____ X____ which is currently on her DD Form 214.  She divorced in 1987 and her name was changed to X____ X____.  She remarried in 2003 and her name was X____ X____.  She filed for a name change in April of 2018, and would like her DD Form 214 to reflect her current name as X____ X____.  She would also like for the updated DD Form 214 to be mailed to her.

b.  A copy of her social security card and Florida driver’s license reflecting her name 
as X____ X____.

   c.  A court document in regards to her marriage to her ex-husband (complete document is unavailable for the Board to review).

   d.  A court order approving her name change from X____ X____ to X____ X____.

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

	a.  She enlisted in Regular Army on 24 February 1976, her DD Form 4 (Enlistment Contract Armed Forces of the United States) in block 1 shows her name as X____ X____.

	b.  On 25 June 1979, she was honorably discharged from active duty.  She completed 3 years, 4 months and 1 day of net active service during this period.  Her DD Form 214 shows in block 1 X____ X____.

4.  By regulation, Army Regulation 635-5 (Separation Documents), 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.  The instructions for completing the DD Form 214 states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the applicant getting a divorce post-service which resulted in her changing her name, the Board concluded the information currently reflected on the applicant’s DD Form 214 was accurate at the time of publication, which is its stated purpose.  For that reason, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s military record.

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 their 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.  There 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 AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section II – Instructions for Preparing DD Form 214.  It states for block 1 enter the name in all capital letters, include "JR," "SR," or "II," if appropriate.  Compare the enlisted record brief/officer record brief to contract for possible name change.

ABCMR Record of Proceedings (cont)	AR20180012331


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