IN THE CASE OF: BOARD DATE: 21 MAY 2009 DOCKET NUMBER: AR20090000065 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his name be changed from Robert W. G___ to Kathryn V______ W_____ on her military records and on her DD Form 214 (Certificate of Release or Discharge from Active Duty) issued in 1986. 2. The applicant states that her name was legally changed on 2 February 2004. 3. The applicant provides a copy of her legal name change documents, a DD Form 1172 (Application for Uniformed Service Identification Card DEERS Enrollment), and an Application for Replacement of Social Security Card. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The evidence of record shows that the applicant enlisted in the Regular Army on 31 August 1965 as a male. The applicant will therefore be referred to as a male in this portion of the Proceedings. The applicant served continuously until he was honorably retired on 31 January 1986. 3. The applicant provided a copy of his legal name change documents that verifies his name was legally changed to Kathryn V_______ W_____ on 2 February 2004. 4. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows that at the time the applicant retired from the Army, on 31 January 1986, the applicant’s name was Robert W. G___. The applicant’s name change did not occur until 18 years after the issuance of her DD Form 214. Therefore, the name contained in the applicant's records and on her DD Form 214 is correct as constituted. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable that the applicant desires to have her name changed on her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. The applicant is advised that a copy of this decision document along with her application and the supporting evidence she provided, which confirms her legal name change, will be filed in her Military Personnel Records. This should serve to clarify any questions or confusion in regard to her name recorded in her military records. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ XXX_______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090000065 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000065 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1