IN THE CASE OF: BOARD DATE: 3 December 2021 DOCKET NUMBER: AR20210007413 APPLICANT REQUESTS: in effect, correction of her records to show her current married name instead of her contested name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 2 (Retired) Identification Card * Certificate of Marriage * Retiree Account Statement, dated July 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (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 has been informed by the Defense Accounting and Finance Service to change her name in her military records. 3. The applicant enlisted into the Regular Army on 3 August 1989. Item 1 (NAME (Last, First, Middle)) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) lists a contested name. 4. The applicant retired honorably on 30 September 2012. Her record contains a DD Form 214 which lists the contested name. 5. The applicant provides a copy of a Certificate of Marriage, which shows she married on 5 September 2014. 6. The applicant's military record did not contain any documentation that shows the name she now requests. 7. 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant is advised that the DD Form 214 shows the circumstances that existed at the time the form was created. Evidence of record shows the applicant used the contested name during her entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and to satisfy her desire to have her new name documented in her military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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, 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 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 (NAME (Last, First, Middle)) states to transcribe the name at the time of separation from applicable documents. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007413 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1