IN THE CASE OF: BOARD DATE: 25 February 2022 DOCKET NUMBER: AR20210011610 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 June 2014 to show her legal last name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * District Court Agreed Final Decree of Divorce, 27 February 2019 (certified copy) * U.S. Uniformed Services Identification Card * State Driver's License * State Mobility Impaired ID Card * Social Security Card * Defense Finance and Accounting Service (DFAS) Letter, 2 March 2020 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 divorced and officially changed her last name to . 3. Her records contain a certificate of live birth showing her last name as . 4. After a period of enlisted service, she was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant/O-1 on 6 September 2002. She executed a DA Form 71 (Oath of Office – Military Personnel) that shows her last name as . 5. The DA Form 4187 (Personnel Action), 29 October 2002, shows she requested to change her last name from to due to divorce. 6. Her records contain a marriage certificate showing she remarried on 5 February 2003 and changed her last name to . The DA Form 4187, 20 February 2003, shows her commander verified her last name changed to in conjunction with her marriage. 7. She retired by reason of permanent disability (enhanced) on 27 June 2014 in the rank/grade of major/O-4. Block 1 (Name – Last, First, Middle) of her DD Form 214 shows her last name as . She authenticated this form by her digital signature, showing her last name as . 8. She provided the District Court Agreed Final Decree of Divorce, certified on 27 February 2019, granting her divorce and request for a name change to effective that date. This court order was certified as a true and complete copy by the court on 28 February 2019; 9. She also provided copies of her U.S. Uniformed Services identification card, State driver's license, State mobility impaired identification card, and social security card, each showing her current legal name. 10. The DFAS letter, 2 March 2020, notified her that DFAS was unable to process her request (assumed to mean changing her last name). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, her military records, and regulatory guidance were carefully considered. The evidence provided included a divorce decree in which the court ordered the change of name requested; therefore, the Board agreed reissuing the DD Form 214 with the court-ordered name change is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing her a DD Form 214 for the period ending 27 June 2014 by showing the court-ordered name change within the divorce decree. 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, U.S. 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 635-8 (Separation Processing and Documents), 10 February 2014, provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. The specific instructions for block 1 (Name) states to compare the original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). //NOTHING FOLLOWS//