IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018186 


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) for the period ending 21 June 1993 to show her name as S____ S____ P____ instead of S____ S____ K____.

2.  The applicant states her DD Form 214 for the period ending 21 June 1993 shows her former married name.

3.  The applicant provides:

* DD Form 214
* 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.  Having prior honorable service in the Regular Army, the applicant again enlisted in the Regular Army on 6 November 1990 under the name S____ S____ P____.

3.  Records show her name appeared as S____ S____ K____ instead of S____ S____ P____ in May 1993.

4.  Her records are void of and she failed to provide a copy of a marriage certificate.

4.  On 21 June 1993, she was honorably released from active duty under the name S____ S____ K____.

5.  The applicant provided a copy of her DD Form 214 for the period ending 21 June 1993 that shows her name as S____ S____ K____.  She also provided a copy of her divorce decree, dated 29 June 2001, that shows she was granted a divorce and a name change to S____ S____ P____.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated 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 evidence of record shows she enlisted under the name S____ S____ P____ on 6 November 1990.  She later married and changed her name to S____ S____ K____.  Her name was S____ S____ K____ at the time of her release from active duty on 21 June 1993.  She divorced on 29 June 2001 and she was granted a name change to S____ S____ P____.

2.  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 conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend a change to those records.

3.  The applicant is advised that a copy of this decisional document will be filed in her military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the name recorded on her DD Form 214 for the period ending 21 June 1993 and the name she now uses.

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)                                         AR20140018186



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018186



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1