RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050005726


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, that the first and middle name
recorded in her military records be changed.

2.  The applicant states, in effect, her current first and middle names are
different than those recorded in her record.

3.  The applicant provides the following documents in support of her
application:  Social Security Account Number (SSAN) Card; Health Insurance
Card; Drivers License; Department of Veterans Affairs (VA) Identification
Badge; and Separation Document (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 December 1981.  The application submitted in this case
is dated
8 April 2005.

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 limitations 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's record shows she enlisted in the Regular Army (RA) and
entered active duty on 13 July 1978.  The Enlistment Contract (DD Form 4)
prepared on her during the enlistment process lists her first and middle
name the way she now claims is in error.  The applicant authenticated the
DD Form 4 with her signature using the first and middle names she now
contends are in error.

4.  The applicant’s Enlistment Qualification Record (DA Form 20) that was
prepared on her on 16 June 1982, upon her entry on active duty, lists the
first and middle name the way she now claims is in error.  All documents
and orders on file in her Military Personnel Records Jacket (MPRJ) also
list the first and last name this way.



5.  The DD Form 214 issued to the applicant on 11 December 1981 shows that
she completed a total 3 years, 4 months and 20 days of active military
service.  Item 1 (Name) of this document listed the first and middle name
consistent with the names as they were recorded in her enlistment contract,
military records, and on all documents prepared on her throughout her
tenure on active duty, which she now claims is in error.

6.  The Driver’s License, SSAN Card, Health Card, and VA Identification
Card provided by the applicant lists the first name she now claims is
correct with no middle name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's desire to have the name recorded in her military
records changed to her current name is understood.  However, there is an
insufficient evidentiary basis to conclude that she has or would suffer an
injury or injustice as a result of the Army maintaining its records with
the first and middle names under which she served.

2.  The applicant elected to enlist, serve and be separated from the Army
under the first and middle names she now claims are incorrect.  The fact
she now has personal reasons to change the name recorded in her military
records to her current name is not sufficiently mitigating to warrant
changing the name recorded in her military records at this late date.

3.  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.  While the applicant’s desire to have the records changed to
reflect her current name is understood, there appears to be no compelling
reason to compromise the integrity of the Army’s records to satisfy this
request.

4.  A copy of this decisional document, along with her application, which
confirms her current name, will be filed in the applicant’s Official
Military Personnel File (OMPF).  This should serve to clarify any questions
or confusion regarding her name change, and adequately document the first
name she now uses.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 December 1981.  Therefore, the time
for her to file a request for correction of any error or injustice expired
on
10 December 1984.  She failed to 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

___SK __  __JTM___  __RLD__  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.




                                  ____Stanley Kelley ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005726                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1981/12/11                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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