IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011183
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, in effect, that her record be corrected to show her now legal name.
2. The applicant states, in effect, that she changed her name and would like her now legal name recorded on her military record.
3. The applicant provides a Name Change Court Order in support of her application.
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 applicants 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 applicants 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 record shows that she enlisted in the Regular Army on 29 April 1996. The DD Form 4 (Enlistment/Reenlistment) prepared during her enlistment processing lists the name she would now like changed. The applicant's DA Form 2-1 (Personnel Qualification Record) also lists the name she would now like changed. All the documents on file in her Official Military Personnel File (OMPF) also list the name recorded on her DD Form 4 and DA Form 2-1.
3. On 14 October 1997, the applicant was honorably discharged, by reason of disability with severance pay, after completing 1 year, 5 months, and 16 days of creditable active service. The DD Form 214 she was issued at the time lists the same name recorded on her DD Form 4, DA Form 2-1, and on all documents on file in her OMPF. The applicant authenticated this document in Item 21 (Signature of Member Being Discharged) by signing the same name as listed throughout her OMPF.
4. The applicant provides a court order issued by the Eleventh Judicial District Court, County of San Juan, State of New Mexico on 21 June 2005, which ordered the applicant's first and middle names completely changed.
5. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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' s request to correct her record to reflect the legal name change she obtained on 21 June 2005 was carefully considered. However, while it is understood why the applicant would want her record to reflect her current legal name, the evidence of record confirms she entered, served and was separated under the name listed on her DD Form 4, DA Form 2-1, DD Form 214, and all documents on file in her OMPF.
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. Absent any evidence that the applicant has actually suffered an injustice based on the name recorded on her military records, there appears to be no compelling reason to compromise the integrity of the Armys records to correct her name at this late date. This Record of Proceedings, along with the application and supporting documents will be filed in her military record in order to provide clarity and to deal with any confusion that might arise regarding the her now legal name. Filing the Boards decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which she served.
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) AR20090011183
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ABCMR Record of Proceedings (cont) AR20090011183
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