ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20190008171


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge) for the period ending 17 October 2006 to show her current legal 
name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Decree changing name, issued by Superior Court of on 25 July 2007
*	DD Form 214 for period ending 17 October 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's record contains a DD Form 214 for the period ending on  
17 October 2006, which show “” in item 1.

3.  The applicant's military record is void of any documents recording her current legal 
name.  All of her military records show the name 

4.  On 25 July 2007, the Superior Court of California, County of Tulare ordered the 
applicant's legal name change to 

5.  .  Army Regulation 635-5 (Separation Documents) 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.  

//NOTHING FOLLOWS//


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 record of 
service, the name appearing in her records and the post-service court-ordered name 
change provided by the applicant.  The Board found that the records reflected 
circumstances as they existed at the time of her service.  Based on a preponderance of 
evidence, the Board determined that the applicant’s name as it appears on her DD 
Form 214 is not in error or unjust.  

2.  The applicant is advised that a copy of these proceedings will be filed in her official 
records to clarify the difference between the name she used in service and the name 
she uses now. 

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, 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 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)	 AR20190008171

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