RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 DECEMBER 2004
      DOCKET NUMBER:  AR2004105293


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Ronald Weaver                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to reflect her maiden name and to
show the correct amount that she received in disability severance pay.

2.  The applicant states that she was not paid the lump sum.  She is using
her maiden name, and to avoid confusion, requests that her DD Form 214
reflect that name.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 February 2000.  The application submitted in this case
is dated    25 February 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army Reserve for 8 years on 9 June 1997
in the Delayed Entry Program (DEP).  She was discharged from the DEP upon
her enlistment in the Regular Army for 4 years on 13 August 1997.  Her
enlistment documents show she enlisted using the last name of "G…" (her
maiden name).

4.  In July 1998, at her request, her last name was changed to "S…"  She
continued using that name during the remainder of her military service.  A
Servicemembers' Group Life Insurance Election and Certificate that she
completed shows that she was married and that her husband's last name
was "S…"

5.  On 15 November 1999 a Physical Evaluation Board determined that the
applicant was physically unfit for duty and recommended that she be
separated with severance pay with a 10 percent disability rating.  She
concurred and waived a formal hearing of her case.  Orders were published
on 9 December 1999 discharging her with disability severance pay of 10
percent in the grade of private first class based on 2 years, 5 months, and
20 days of service.  She was discharged on 2 February 2000.  Her DD Form
214 shows her last name as "S…"  That form does show in the remarks section
her other name of record as "G…"  Her DD Form 214 shows that she received
$7414.20 in disability severance pay.

6.  Army Regulation 635-40 provides for the discharge of Soldiers with a
physical disability.  Appendix C, paragraph C-12, states that computation
of disability compensation pay can be complicated by the numerous laws
governing it, the various types of creditable service, and other factors.
Care should be taken to     advise Soldiers that computations provided by
the PEBLO (Physical Evaluation Board Liaison Officer) are estimates only,
and the Defense Finance and Accounting Service will make the official
computation of compensation.  That paragraph continues by stating that in
computing pay for those with less that      20 years' active service and a
disability percentage of less than 30 percent, figure 2 months' basic pay
for every year of active duty with a maximum of 12 years service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any to show
the amount of disability severance pay that she states that she did
receive.  Absent any such evidence, it is presumed that her DD Form 214 is
correct, that is, she received the amount shown therein.  Therefore, her
request to correct her record to show some other amount is not granted.

2.  In 1998 she requested and was granted a name change.  She used her
married name throughout the remainder of her military service, and her
      DD Form 214 reflects that name.  The fact that she reverted to her
maiden name subsequent to her discharge is not reason or justification to
grant her request.
Her request to change her name on her DD Form 214 is not granted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 February 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           1 February 2003.  However, the applicant did
not file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__YM ___  __ML ___  __RW  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.





                                  ____Yolanda Maldonado_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105293                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.01                                  |
|2.                      |108.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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