ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 July 2020 DOCKET NUMBER: AR20190008376 APPLICANT REQUESTS:, in effect, correction of her military records to show her legal name change. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214 (Certificate of Release or Transfer from Active Duty) for the periods ending 14 October 1976, 16 September 1979, 30 November 1979, and 31 October 1993 * Marriage License 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 was recently married and changed her name to DB. She would like all her military records to reflect her new name. 3. She enlisted in the Regular Army on 29 October 1973. Her complete military records are not available for review; however, she provides the following DD Forms 214 ending on: * 14 October 1976, which lists her name as * 16 September 1979, which lists her name as * 30 November 1979, which lists her name as 4. On 31 October 1993, she was released from active duty. The DD Form 214 she was issued at the time lists her name as . 5. The applicant provides a marriage license, which shows she was married to on 21 November 2013. 6. Army Regulation 635-5 (Separation Documents) states 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. All available military records will be used to prepare this form. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board agreed that the applicant's post-service name change due to marriage is an insufficient basis for amending her military records, which were correct at the time they were created. The Board determined the name recorded in her military records is not in error or unjust. 3. The applicant is advised that a copy of these proceedings will be filed in her Official Military Personnel File. This will serve to explain the difference between the name under which she served and the name she now uses. 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. 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) prescribes 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 duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. All available military records will be used to prepare this form. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008540 3 1