IN THE CASE OF: BOARD DATE: 20 January 2011 DOCKET NUMBER: AR20100018000 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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Rxxx" instead of "Haxxxxx." 2. The applicant states her name is listed incorrectly on her DD Form 214. 3. The applicant provides her Drivers License and divorce decree. 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 applicant’s records show she enlisted in the Regular Army (RA) for a period of 6 years on 9 June 1992. Item 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document -Armed Forces of the United States) listed her last name as "Rixxxxxxx." The applicant authenticated this form by placing her signature in the appropriate blocks using her last name as "Rixxxxxxx." 3. Her records contain several personnel documents including promotion orders, awards orders, a Servicemen's Group Life Insurance Election and Certificate, and various other orders that show her last name as "Rixxxxxxx." 4. On 28 December 1994, she submitted a DA Form 4187 (Personnel Action) wherein she requested to change her last name from "Rixxxxxxx" to "Haxxxxx." Her commander approved her request. 5. On 5 January 1995, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, issued an endorsement approving the applicant's name change to "Haxxxxx." Appropriate transactions were initiated to effect the name change in the applicant's service records. 6. She was honorably released from active duty on 27 October 1995 by reason of parenthood. Her separation orders and item 1 (Name) of the DD Form 214 she was issued shows her last name as "Haxxxxx." She authenticated her DD Form 214 by placing her signature in item 21 (Signature of Member Being Separated) using her last name "Haxxxxx." 7. She provided a copy of her Drivers License that shows her last name as "Rxxxxxxxx." She also provided a copy of her divorce decree, dated 19 July 2000, that appears to have her name listed as "Rxxx." 8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her DD Form 214 should be corrected to show her correct last name. 2. The evidence of record shows upon her enlistment in the RA on 9 June 1992, the applicant listed her last name as "Rixxxxxxx." This last name is consistent with the last name on several documents in her service record. 3. She requested a name change in December 1994 from "Rixxxxxxx" to "Haxxxxx." Her name change was approved and her personnel records, including her DD Form 214, reflect the new name she requested. She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct. She did not use the last name of "Rixxxxxxx" subsequent to her approved name change. 4. The Army has an interest in maintaining the accuracy 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 compelling information to the contrary, there is no basis for changing the applicant’s last name in this case. 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. _______ _X _______ ___ 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) AR20100018000 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018000 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1