IN THE CASE OF:  

		BOARD DATE: 28 June 2023

		DOCKET NUMBER: AR20230000960


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to:

*	reflect her last name as her current (maiden) name
*	change her “next of kin” to list her grandmother

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record).


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 is requesting her DD Form 214 reflect her current (maiden) 
name, listed on her DD Form 149 as . She believes she suffered due to “Don’t Ask 
Don’t Tell,” and felt compelled to marry a man that was abusive and subsequently 
abandoned her while she served on active duty. She is now divorced. She does not 
want to have his name “” on her documents because she feels it is shameful.  
Additionally, she would like to list her grandmother,  of Iowa, as her “next of kin” rather 
than her ex-husband.

3.  The applicant did not provide any supporting documentation; however, her service 
record contained the documents needed to support her request.
   
4.  A review of the applicant’s service record shows:

   a.  She enlisted in the Regular Army on 18 May 2010.  Her DD Form 4 
(Enlistment/Reenlistment Document – Armed Forces of the United States) shows in 
Block 1 (Name) , , the name requested by the applicant.

   b.  The applicant’s service record contained a DD Form 372 (Request for Verification 
of Birth) which listed her name as , .
   
   c.  The applicant’s service record contained additional documents which listed her 
name, as requested:
   
*	Enlisted Record Brief dated 15 April 2011
*	DA Form 199 (Physical Evaluation Board (PEB) Proceedings) dated 14 
September 2011
   
   d.  The applicant’s service record was void of a Marriage License or change of name 
request.
   
   e.  Orders 293-0901, dated 20 October 2011, discharged the applicant from active 
duty with an effective date of 5 December 2011. Her name was listed as ,  , the 
contested name.
   
   f.  She was honorably released from active duty on 5 December 2011. Her 
DD Form 214 shows she completed 1 year, 6 months, and 18 days of active service. It 
also shows:

*	Block 1 (Name) – ,   (contested name)
*	Block 19b (Nearest Relative) – with address
*	Block 18 (Remarks) – “Other Name(s) of Record: , ,” the name requested by the 
applicant.

5.  By regulation (AR 635-8) 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. The information entered thereon reflects the conditions as they 
existed at the time of separation. 

*	Block 1 (Name) states compare 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).
*	Block 19b (Nearest Relative) states the data source is provided by the Soldier.  
Advise the Soldier that the name and address of a relative should be someone 
who will know the Soldier’s location and address, at all times. When a relative is 
not available, list a close friend. Enter name, street address, city, state, and zip 
code.



BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, 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. One possible outcome was to 
provide relief based upon the applicant’s request 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.

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. However, the 
governing regulation provides that if a name change has occurred list other names of 
record in Block 18 (Remarks). The Board majority agreed the applicant’s maiden name 
is listed in Block 18, as required by the regulation. In the absence of evidence that 
shows a material error or injustice, there is a reluctance to recommend that those 
records be changed.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:X	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: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, 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), currently in effect, 
states 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. The information entered thereon reflects the conditions as they existed at the 
time of separation. 

*	Block 1 (Name) states compare 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).
*	Block 19b (Nearest Relative) states the data source is provided by the Soldier.  
Advise the Soldier that the name and address of a relative should be someone 
who will know the Soldier’s location and address, at all times. When a relative is 
not available, list a close friend. Enter name, street address, city, state, and zip 
code.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000960


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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