ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
				       
	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20190002639


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty), for the period ending 31 July 2005 to show her 
last name as "xxxx" instead of "XXXX." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States), dated 23 February 1988
*	Marriage Certificate, dated 17 February 2001
*	NGB Form 22 (National Guard Bureau – Report of Separation and Record of 
Service), effective date  31 July 2005
*	"Agreed Final Decree of Divorce" - The District Court,  
dated 19 January 2006

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 she was divorced on 19 January 2006, changed her last name, 
and would like her military records to reflect her new last name.

3.  Item 1 (Name - Last, First, Middle) of her DD Form 4 shows her last name as 
"."  The applicant enlisted in the Texas Army National Guard (TXARNG) on  
23 February 1988.  Subsequently, she was ordered to full-time duty in an Active 
Guard/Reserve (AGR) status on 26 September 1988. 

4.  The applicant was honorably retired on 31 July 2005.  Item 1 (Name - Last, First, 
Middle) of her DD Form 214 shows her name as "XXXXXXXX"  It appears a 
transposition error occurred in typing her name on this form.  She signed her name as 
"X___ X. XXXX" on the document. 
5.  A review of her record reveals several name changes throughout her period of 
military service including the last name of "XXXX."

6.  The applicant provides:

     a.  A marriage certificate that shows she was married on 17 February 2001 to a 
person with the last name of "XXXX."

     b.  An NGB Form 22, effective 31 July 2005 that shows in item 1 (Last Name – First 
Name – Middle Name) her last name as "XXXX." 

     c.  A "Agreed Final Decree of Divorce" that shows she was granted a divorce on  
19 January 2006.  It further granted her a last name change from "XXXX" to "XXXXX", 
after her retirement.  

7.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, directed 
to enter the last name, first name, and full middle name or names, in item 1 at the time 
of separation.  

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 at the time of 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 (Separation Documents), dated 15 September 2000, 
prescribed the separation documents prepared for Soldiers upon retirement, discharge, 
or release from active military service or control of the Army.  It states 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.  For item 1, enter last name, first name, and full 
middle name or names, in all capitals and compare to applicable documents for name 
change, if any at the time of separation.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002639
	
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