IN THE CASE OF: BOARD DATE: 3 February 2022 DOCKET NUMBER: AR20210013395 APPLICANT REQUESTS: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 February 1983 to show her last name as her maiden name * a personal appearance hearing before the Board via video/telephone 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). 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 would like her last name shown on her DD Form 214 changed to her maiden name of T____. The Army found that her marriage to her ex-husband was under fraudulent pretenses and was supposed to correct her last name; however, no DD Form 215 (Correction to DD Form 214) was issued. 3. She enlisted in the Regular Army on 19 April 1979. Item 1 (Last Name – First Name – Middle Name) of her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows her last name as A____. She signed this document with the signature A____ on 19 April 1979. 4. Headquarters, U.S. Army Communications-Electronics Command and Fort Monmouth, Orders 37-2, 22 February 1983, relieved her from active duty and transferred her to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 24 February 1983. Her last name is shown as A____.? 5. Headquarters, U.S. Army Communications-Electronics Command and Fort Monmouth, Orders 42-9, 1 March 1983, amended her separation date to 25 February 1983. Her last name is shown as A____. 6. A review of her Official Military Personnel File revealed all documents show her last name as A____. Her records do not contain a divorce decree or name change action completed during her active duty service. Additionally, there is no evidence indicating the Army determined her marriage to be under fraudulent pretenses. 7. She was relieved from active duty under honorable conditions on 25 February 1983. She completed 3 years, 9 months, and 20 days of net active service during this period. Item 1 (Last Name – First Name – Middle Name) of her DD Form 214 shows her last name as A____. She signed this form with the signature A____. 8. U.S. Army Reserve Personnel Center Orders D-04-027254, 17 April 1985, discharged her from the Ready Reserve effective 18 April 1985. Her last name is shown as A____. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is not warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board found the evidence shows the applicant served exclusively under the last name recorded on her DD Form 214. The Board found insufficient evidence to support changing an entry on the DD Form 214 that accurately reflects the information available at the time the form was completed. The Board determined the last name on the applicant's DD Form 214 should not be changed. 3. The applicant is advised that a copy of these proceedings will be placed in her Official Military Personnel File, which will serve to explain the difference between the last name on her DD Form 214 and the last name she now uses. ? 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, 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), 15 August 1979 and in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. The specific instructions for item 1 stated to enter the name in all capital letters. Include "JR," "SR," or "II" when needed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013395 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1