ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20190008540


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Transfer from Active Duty) to show her legal name change.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Illinois Marriage License
*	Social Security Administration 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 was recently married and changed her name to XXX.

3.  Her military records show that she enlisted in the United States Army Reserve 
(USAR) Army on 27 February 2009 and subsequently, ordered to active duty for 
training.  Her name is listed as XXX on her enlistment contract.

4.  On 2 August 2010, she was released from active duty.  Her DD Form 214 lists her 
name as XXX.  The name listed on her DD Form 214 is the only name recorded in her 
military records. 

5.  The applicant provides a marriage license, which shows she was married to XXX on 
13 May 2019, in XXXXXXXX, IL and her SSA card, which shows her name as XXX .

6.  Army Regulation 635-5 (Separation Documents) states, in effect, that the DD Form 
214 will reflect the conditions and circumstances that existed at the time the records 
were created.


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 service 
records, the date of her separation and the date of her name change.  The Board found 
the name she requests changed used consistently throughout her service and her 
requested name the result of marriage after the end of her period of active duty.  One 
Board member recommended granting her request.  Based on a preponderance of 
evidence, the Board majority determined that the name on her DD Form 214 correctly 
show the circumstances as they existed at the time of her service; there was no error or 
injustice.

2.  The Board advises the applicant that a copy of this decision will be added to her 
records to clarify the difference between her last name while she served and the last 
name she uses today.

3.  After reviewing the application and all supporting documents, the Board majority 
found that relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: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) 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.

ABCMR Record of Proceedings (cont)	 AR20190008540
	
2

1