BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100025762 


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 her first and middle names be changed on her military records and to be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

2.  The applicant states she had her name changed on 3 August 2001.

3.  The applicant provides:

* Department of Justice Petition for Name Change, dated 3 August 2001
* DD Form 214

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.  She enlisted in the Regular Army on 8 August 1979 under the first name Martha and middle name Cecilia.  She trained as an administrative specialist.  She remained on active duty through continuous reenlistments until she was honorably discharged on 24 November 1992 under the voluntary early transition program (Special Separation Benefit) in the rank of sergeant.

3.  Item 1 (Name) of her DD Form 214 shows the first name Martha and middle name Cecilia.

4.  Her service personnel records show the first name Martha and middle name Cecilia.

5.  In support of her claim, the applicant provided a Petition for Name Change, dated 3 August 2001, which shows her first name was changed to Cecilia with no middle name.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that 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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the actual conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  From 8 August 1979 to 24 November 1992, the applicant's service personnel records show the first name Martha and middle name Cecilia.  During this time, it appears she appropriately served on and was discharged from active duty under the first name Martha and middle name Cecilia.  She did not change her name until 2001, 9 years after her separation.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.  This Board action will be filed in the applicant's military records so a record of her current name will be on file.



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 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)                                         AR20100025762



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ABCMR Record of Proceedings (cont)                                         AR20100025762



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