ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190005121 APPLICANT REQUESTS: in effect, correction to item 1 (Last Name, First Name, Middle Name) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date as of 30 June 2008, to change her last name to read "X – X" instead of "X." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Application to Marry, State of Florida Marriage Record, dated 20 August 2018 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, in effect, she was married on 12 August 2018 and needs all of her military and civilian record to reflect her name change. 3. On 29 August 1984, the applicant enlisted in the Regular Army for a period of three years. Her enlistment record shows her last name as "X." 4. On 20 February 1985, the applicant's request to change her name to "X" instead of "X" due to marriage was approved. Her records show her last name listed as "X" on all of the military records created after her name change was approved. 5. On 21 February 1986, the applicant was released from active duty. Her DD Form 214, item 1 shows her last name as "X." 6. On 14 October 1988, the applicant enlisted in the Regular Army for a period of four years. Her DD Form 4 (Enlistment – Reenlistment Document Armed Forces of the United States), item 1 (Name), shows her last name as "X." 7. On 3 July 1990, the applicant requested her name to be changed to read "X.X.X.X" instead of "X.X.X." A review of her record shows her last name listed as "H" on all of the military records created after her name change request. These documents include but are not limited to the below records: * Permanent Orders 011— 19, Bravo Detachment, 38th Personnel services Battalion, Task Force 38, dated 11 January 1997 * DA Form 4980-5 (Bronze Star Medal Certificate), dated 4 November 2004 * DA Form 2339 (Application for Voluntary Retirement), dated 9 August 2007 * Enlisted Records Brief, dated 28 January 2008 * DD Form 214, dated 10 June 2008 8. On 10 June 2008, the applicant was retired from active duty. Her DD Form 214, shows her last name listed as "HX." 9. The applicant provides a marriage certificate (12 August 2018) which show her last name as "X – X." 10. Her military record is void of evidence which shows her last name as "X – X." 11. Army Regulation 635-5 (Separation Documents) directs that the purpose of the DD Form 214 is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. 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, the record of her name changes during her period of service and her name change as a result of marriage after her retirement. The Board found no evidence in the records of the name the applicant now requests. The Board determined that the name(s) recorded in her records were accurate at the time of service; there was no error or injustice necessitating correction of the applicant’s records. The Board advises the applicant that a copy of this decision will be placed in her records to clarify the difference between the last names that appear in those records and the last name she uses today. 2. 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, 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) establishes the policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. ABCMR Record of Proceedings (cont) AR20190005121 3 1