ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20190003236 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 1 NAME (Last, First, Middle) for the period ending 24 December 2000 to show her name as "O_____, J___ M_______" instead of "W______, J___ M_______." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * State of Michigan Marriage License, dated 24 May 2009 * Retiree Account Statements (RAS), for the periods of 22 April 2015 to 1 May 2015 and from 3 December 2018 to 31 December 2018 * Social Security Cards * A Defense Finance and Accounting Service (DFAS) ticket number for "Ask Retired Pay – Online Customer Service" Request 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, that: a. She got married on 24 May 2009, and submitted her name change with Defense Enrollment Eligibility Reporting System (DEERS), and with any other agency that required this change. b. However, money was withheld by the DFAS due to a mistake they made during her retirement processing. She has not received a portion of her pay since 2015, when she first reported her dependents to DFAS. c. She has received her Department of Veterans Affairs Compensation Pay with no delays. Her bank and routing numbers are correct on her USAA direct deposit, but she still had to update her maiden name to her married name on her bank account to match her new name. 4. The applicant was placed on the temporary retired disability list on 23 December 2000. Item 1 of her DD Form 214 shows her name as "W______, J___ M_______." 5. The applicant’s military records shows her name as "W______, J___ M_______." 6. She provides the following documents: a. marriage license that shows she was married on 24 May 2009, b. RAS’ listing her name as "J___ M. W_____," c. two social security cards, one with her maiden name and another reflecting her married name, and d. a DFAS ticket number from "Ask Retired Pay – Online Customer Service," wherein she asks why she was not receiving pay or why money was withheld from her bank account. DFAS customer service responded that her retired pay account relates directly to her active duty military records and that she must submit change of name request to her branch of service. Her bank account information must match her name in order to continue to receive military retired pay without any interruptions. They advised her to go to ABCMR to approve her name change request. 7. Army Regulation 635-5 (Separation Documents), prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. This regulation stated, for item 1, enter last name, first name, and full middle name or names, if any at the time of separation. BOARD DISCUSSION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice pertaining to the applicant's request to correct her name in the record. The Board found no evidence in the applicant’s record of the name she requests to reflect on her DD Form 214; the applicant's official military personnel file contains documents that show she consistently used the name listed on her DD Form 214 and entrance documents, throughout her service. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. 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. 3. The Board also discussed that the applicant may not be aware of the ability to go to the nearest military installation’s DEERS (Defense Enrollment Eligibility Reporting System) office to change the name in her records. 4. The Board also discussed that the applicant could go to the nearest military installation Retirement Services Office to make the final corrections regarding her name change. 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. However, the applicant is advised to visit the nearest military installation’s: a. DEERS (Defense Enrollment Eligibility Reporting System) office to change the name in her records, and b. Retirement Services Office (RSO) to make the final corrections regarding her name change in DFAS. 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) AR20190003236 2