ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF:

                  BOARD DATE:  9 May 2019

                  DOCKET NUMBER:  AR20180014032


APPLICANT REQUESTS: correction of all of her military records to show her name as "X____ X. X______" instead of "X____ X____ X________."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Texas driver license
* social security card
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders D-08-367838, issued by U.S. Army Reserve Personnel Center, dated 
17 August 1993
* Superior Court Marriage Dissolution Judgement, dated 4 May 1994
* Marriage Register, issued 18 September 2004
* Declaration of Legal Name Change, dated 18 February 2005
* Order Granting Addendum for Change of Name of Adult, issued by the District Court, dated 15 April 2005
* Certificate of Birth
* Utah Department of Health, Amendment of Birth Record to Reflect Court Order change of Name, dated 25 April 2005
FACTS: 

1.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the Army Board for Correction of Military Records (ABCMR) has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant states, in effect, she wants all of her military records to reflect her current legal name as "X_____ X X______" due to legally changing her name since her date of service.  
3.  On 12 August 1985, the applicant enlisted in the U.S. Army Reserve (USAR).  All of her records show the name "X____ X____ X_________."

4.  On 15 September 1985, she entered active duty for training (ADT) for basic training and to receive her military occupational specialty (MOS) training.  

5.  On 15 February 1986, she was released from ADT and received an entry-level status characterization of service.  She completed 5 months of net active service this period.  Her DD Form 214 shows in item 1 NAME (Last, First, Middle) – "X_______, X___ X_____."

6.  On 17 August 1993, she was honorably discharged from the USAR.

7.  She provides:

     a.  A Certificate of Live Birth, in which her given name was "X___X____X_____."

     b.  A marriage dissolution judgment, dated 4 May 1994, that shows her name as "X_____ X______ X______."

     c.  An Amendment of Birth Record to reflect a court ordered name change to "X____ X____ X___."

     d.  A marriage certificate, dated 18 September 2004, which shows her married name as "X____ X____ X_______".

     e.  A Declaration of Legal Name Change, dated 18 February 2005, wherein she requested to change her legal name to "X___ X____ X____ X____" and the District Court dated 15 April 2005, which officially granted her request to legally change her name.

     f.  Her Texas driver’s license and a copy of her social security card which reflects the name "X_____ X_____ X_____."

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The applicant’s name was correct at the time of her separation.  








BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s name change occurred after the period of service covered by the DD Form 214.  Without any extenuating factors other than a name change due to marriage, the Board agreed that regulatory guidance provides for the maintaining of military records as they were during the member’s period of service.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	FULL GRANT

:	:	:	PARTIAL GRANT

:	:	:	FORMAL HEARING GRANT

:X	:X	:X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  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.

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 marriage certificate and other current identification documents.


												
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 NOTES(S):  Not Applicable
REFERENCES

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 1, enter last name, first name, and full middle name or names, if any at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)                                                  AR201800140320 0

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