IN THE CASE OF: 

		BOARD DATE:  12 October 2022

		DOCKET NUMBER: AR20220003022


APPLICANT REQUESTS: correction of her DD Form 214 (Report of Separation from 
Active Service) to show her current legal last name.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certification of Marriage
*	Decree of Dissolution 

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 no longer uses her former spouse's last and that she has 
remarried. 

3.  The applicant enlisted in the Regular Army, Women' Army Corps, on 23 October 
1973. Her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows 
in item 5 (Last Name – First Name – Middle Name) her last name was initially recorded 
as however, her name was crossed out and the last name was entered.

4.  The applicant's DA Form 2A and 2-1 (Personnel Qualification Record Parts I and II) 
show her last name as 

5.  Orders issued on 20 October 1976 directed the applicant's discharge from the 
Regular Army effective 20 October 1976. The orders shows her last name as 

6.  The applicant's DD Form 214 shows she was discharged on 20 October 1976 and 
that her last name was recorded as 

7.  The applicant provided a Decree of Dissolution showing her marriage to Mr. was 
dissolved on 12 August 1986. She also provided a Certification of Marriage showing she 
married Mr. on 14 May 1988.

8.  The applicant did not provide a Court Order for Name Change in support of her 
request. 


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 Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. The Board determined the evidence presented does not demonstrate 
the existence of a probable error or injustice.  The applicant used the contested name 
during her entire period of service.  The Board determined the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned. 
Based on this the Board determined relief was not warranted and denied relief.

2.  The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3.  The applicant is advised that a copy of this decisional document, along with her 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the name recorded in his military records and to satisfy her desire to have 
her legal name documented in her military records.




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.

		 
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 (Separations Documents), 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 
the preparation of the DD Form 214. 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.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20220003022


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1