ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  30 August 2019

		DOCKET NUMBER:  AR20180015041


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214
*	Motion to Amend Divorce Complaint, District Court, District 10, , dated 30 August 1990
*	Divorce Judgment, District Court, District 10 Division of, dated 28 September 
1990

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, 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 and her ex-spouse filed for divorce through the State of 
court; however, court documents were not available to restore her maiden name at the 
time of her separation from the U.S. Army.

3.  She enlisted in the Regular Army on 27 October 1986 under the name.

4.  Her service records show she requested a name change to on 4 May 1988 in 
connection with her marriage.

5.  Her personnel qualification record shows her typewritten name as, , lined through 
with her handwritten name above it as, .



6.  She was honorably discharged on 27 September 1990.  Her DD Form 214 shows 
her last name as.

7.  She provided court documents showing she divorced effective 28 September 1990 
and resumed her maiden surname.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her service 
records, her in-service name change, her name at the time of her separation and the 
subsequent court determination in which she returned to her maiden name.  The Board 
found insufficient evidence to support the requested correction and that the applicant’s 
name at the time of separation was accurately reflected on her DD Form 214.  The 
Board determined that the applicant’s last name, as shown on her DD Form 214, was 
not in error or unjust.

2.  The Applicant is advised that this decision will be placed in her official records to 
clarify the difference between her last name as reflected at the time of her separation 
and the last name she goes by today.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

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, 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 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), 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 
DD Form 214, including the DA Form 2-1 (Personnel Qualification Record – Part II) and 
orders.  The specific instructions for item 1 (Name – Last, First, Middle) stated to enter 
the last name, first name, and full middle name or names, if any.
ABCMR Record of Proceedings (cont)	AR20180015041


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