ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 February 2019

	DOCKET NUMBER:  AR20180012520


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Divorce Decree with Settlement Agreement

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 that her maiden name was reinstated as the result of her recent divorce.

3.  She enlisted in the Regular Army on 4 January 1995.  Her DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows her last name as X___.

4.  The applicant was married on 11 October 2002 and subsequently changed her last name to X____.

5.  On 31 March 2011, she retired from active duty.  Her DD Form 214 shows her last name as X____.

6.  The applicant was divorced on 23 July 2018 and her maiden name was restored to X___.

7.  The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The name change occurred after the period covered by the DD Form 214.



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 635-8 (Separation Processing and Documents) states 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 DD Form 214 will be completed using Servicemember's record brief, separation approval documents, separation order or any other document authorized for filing in the Army Military Human Resource Record.

ABCMR Record of Proceedings (cont)	 AR20180012520
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