ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS H.) BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20190003661 APPLICANT REQUESTS: in effect, correction of her: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) to list in: * Block 1 (Name (Last, First, Middle), her name as "H" * Block 19b (Nearest Relative), her nearest living relative as "BH" b. Honorable Discharge Certificate to show her last name as "H." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending 26 August 2016 * Notice of Entry of Judgement, filed on 5 July 2018 * Final Judgement of Change of Name (Adult), signed 9 January 2019 * Social Security Card 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 she changed her last name back to "H" after being divorced, and her nearest relative is now her mother, "BH." 3. On 15 April 2013, the applicant enlisted in the Regular Army. Her enlistment contract shows her last name as "H." 4. A review of her available record did not find a marriage certificate; however, her record contains a DD Form 93 (Record of Emergency Data), dated 10 August 2016, which shows her last name as "B." 5. This same form lists her spouse as "FSB II" and lists her mother as "BEH." 6. She was honorably discharged from active duty on 26 August 2016. Her DD Form 214 shows: * her last name as "B" in Block 1 * the entry – "BLOCK 1: OTHER NAMES(S) OF RECORD: shows her last name as "H" * her nearest relative as "FSB II" in Block 19b 7. The applicant submits her final judgment of divorce, effective on 8 September 2018, her Final Judgement of Name Change, and her social security card, which shows her last name as "H." 8. The applicant was divorced after her discharge from active duty. Army Regulation 635-8 (Separation Processing and Documents) states, in effect, the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. 1. The board found sufficient evidence to grant the applicant’s request to change her name reflected on DD Form 214 because her record contained evidence that she used the name “SHH” on her DD Form 4 enlistment contract. Furthermore, her mother, with initials BEH is listed on the applicant’s DD form 93 and the board agreed that since the Board would recommend changing the applicant’s name due to divorce, it would be unjust and senseless to leave the applicant’s former husband as the nearest relative on the DD Form 214 since the Board was already recommending one change to the DD Form 214; it would not be overly taxing to make an additional amendment to reflect another name change already indicated in the applicant’s record. 2. The board found insufficient evidence for relief pertaining to the applicant's request to reissue her a new DD Form 214. According to Army Regulation 635-5 (Separation Documents), paragraph 2-7(3), corrections are only made by reissuing a DD Form 214 after two DD Form 215s (Correction to DD Form 214) have been issued. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 by changing her name in item 1 to “SHH” per her DD Form 4 and changing her nearest relative in item 19b to “BEH” per her DD Form 93. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to reissuing her a DD Form 214 as this is only performed when a third DD Form 215 would be issued (per AR 635-5, paragraph 2-7(3)). 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) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states: a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. b. Block 1 will reflect the name on the original enlistment contract or appointment order and to conduct a review of the official record for possible name changes. If a name change occurred, list other names of record in Block 18. c. Block 19b will reflect the name and address of a relative who would know the Soldier’s location and address at all times. This address was not intended to be changed or updated each time the individual or family member relocated following a Soldier’s separation. //NOTHING FOLLOWS//