BOARD DATE:  28 August 2020

		DOCKET NUMBER:  AR20200002924


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show her name as "Jxxxxxxx L. Cxxxxx" 
(hereinafter the "current name") instead of "Jxxxxxxx C. Kxxxxxx" (hereinafter the 
"contested name").

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	State of Driver's License
*	Decree of Dissolution of Marriage, dated 26 October 2000
*	Formal Judgment of Dissolution of Marriage, dated 29 December 2011

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in section 1552(b); however, the ABCMR 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 she legally changed her name due to divorces.

3.  The applicant's military record contains a copy of her social security card and her 
Certificate of Citizenship, dated 22 May 1986, which record her current name.

4.  The applicant enlisted in the Regular Army on 30 January 1996.  Item 1 (NAME 
(Last, First, Middle)) of her DD Form 4/1 (Enlistment/Reenlistment Document – Armed 
Forces of the United States) records her current legal name.

5.  Her record contains a DA Form 4187 (Personnel Action), dated 29 May 1997, 
wherein she requested her name be changed from her current name to the contested 
name due to marriage.  

6.  She was honorably discharged on 22 January 1999.  Item 1 (NAME 
(Last, First, Middle)) of the DD Form 214 reflects the contested name.
7.  The applicant provides:

     a.  A Decree of Dissolution of Marriage dated 26 October 2000, which granted 
restoration of her name from the contested name to her current name.

     b.  A Formal Judgment of Dissolution of Marriage dated 29 December 2011, which 
restored her from her married name to her current name.

8.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) is a 
synopsis of the Soldier's most recent period of continuous active service.  It provides a 
brief, clear-cut record of active Army service at the time of release from active duty, 
retirement, or discharge.  Item 1 NAME (Last, First, Middle) states to transcribe the 
name at the time of separation from applicable documents.
   

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board agreed that the applicant's DD Form 214 accurately reflects the name 
under which she was serving when the form was issued.  The Board further agreed that 
her post-service name change is an insufficient basis for changing the name recorded 
on the DD Form 214.  The Board determined the name on her DD Form 214 is not an 
error or unjust.

3.  The applicant is advised that a copy of these proceedings will be filed in her Official 
Military Personnel File, which should serve to explain the difference in the name on her 
DD Form 214 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.

		 X_________________

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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed 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 service.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty, retirement, or 
discharge.  Item 1 states to transcribe the name at the time of separation from 
applicable documents.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002924


3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1