IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100014679
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 (Armed Forces of the United States Report of Transfer or Discharge) to show her current full name.
2. She states her name changed when she was married on 7 November 1992. Over the years the Department of Veterans Affairs (VA) has changed her name to reflect her current married names.
3. She provides:
* DD Form 214
* VA Certificates of Eligibility for Loan Guaranty Benefits
* Florida Marriage Record
* social security card
* Florida driver's license
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. The applicant's military record shows she enlisted in Regular Army on 9 February 1961. At the time of her enlistment, she enlisted under the first name K____, no middle name, and the surname M____. Her surname was later changed to her married surname of D____ on 31 October 1961.
3. She was discharged from active duty on 15 December 1961. Item 1 (Last Name - First Name - Middle Name) of her DD Form 214 shows the first name she enlisted under and the surname she assumed during her period of service.
4. The military documents that are on file in her official military personnel file show she served under the first name K____, no middle name, and the surnames of M____ and D____ until her discharge in 1961.
5. She provided documentation showing her first, middle, and surnames were changed after her discharge.
6. 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 served in and was discharged in the first, no middle, and surname that are shown in the records and on the DD Form 214. The name changes she contends should be shown in item 1 of her DD Form 214 were effected subsequent to her 1961 discharge. Therefore, her military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting the requested relief.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing item 1 of her DD Form 214.
3. A copy of this decisional document along with the application will be filed in her service records. This should serve to clarify any questions or confusion regarding the different names and adequately document the current names.
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) AR20100014679
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ABCMR Record of Proceedings (cont) AR20100014679
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