IN THE CASE OF:

		BOARD DATE: 13 September 2023

		DOCKET NUMBER: AR20230002409


APPLICANT REQUESTS:  correction of her records to change her last name from "" to 
"."

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from Active Duty)
*	Marriage Certificate, 8 March 1988
*	Marriage Certificate, 3 May 1991
*	Certified Copy of Marriage Register, 26 July 1994
*	Marriage Certificate, 19 May 2001

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), 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, in effect, she requests her last name be changed to her current 
married name "."  

3.  The applicant's service record contains the following documents for the Board's 
consideration:

	a.  DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 
24 January 1975 shows the applicant enlisted in the Army with the last name of "."

	b.  DA Form 2-1 (Personnel Qualification Record) item 1 (Name) shows her last 
name as "."

	c.  DA Form 4187 (Personnel Action), dated 23 November 1976, shows the 
applicant requested her last name be changed from "" to "."
	d.  DD Form 214, for the period ending 23 January 1978, item 1 (Last Name, First 
Name, Middle Name) shows her last name as "."

4.  The applicant provides marriage certificates/register, dated:

*	8 March 1988, last name of spouse ""
*	3 May 1991, last name of spouse ""
*	26 July 1994, last name of spouse ""
*	29 May 2001, last name of spouse ""

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. Upon review of the applicants petition and available military records, the 
Board determined the applicant separated from the service in 1978 and her request for 
a legal name correction to her record is post service 40 plus years after her discharge. 
The Board found the evidence presented does not demonstrate the existence of a 
probable error or injustice.  The applicant used the contested name during her 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 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 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, USC, 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), in effect at the time prescribes the 
separation documents which are prepared for individual upon retirement, discharge, or 
release from active military service or control of the Army. It establishes standardized 
policy for preparing and distributing DD Form 214; all available records will be used as a 
basis for preparing DD Form 214 to include DA Form 20 and orders. Item 1; enter last 
name, first name, and full middle name or names, if any. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230002409


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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