IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100025903
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) to show her full name as "Gexxx Elxxxxxxx Brxxxxx" instead of "Lixx Dexxxx Stxxxxx-Goxxxxxx."
2. The applicant states her full name was changed by a court order after an episode of rape and identity theft.
3. The applicant provides:
* DD Form 214
* Court order
* Department of Veterans Affairs (VA) rating decison
CONSIDERATION OF EVIDENCE:
1. The applicants records show she enlisted in the Regular Army for a period of 5 years on 8 June 2006. Item 1 (Name) of her DD Form 4 (Enlistment / Reenlistment Document -Armed Forces of the United States) listed her full name as "Lixx Dexxxx Stxxxxx." The applicant authenticated this form by placing her signature in the appropriate blocks using her name as "Lixx Dexxxx Stxxxxx."
2. In connection with her enlistment she underwent a physical examination and a police record check. Both her report of medical examination and police record check forms listed her name as "Lixx Dexxxx Stxxxxx."
3. Her Enlisted Record Brief (ERB) that was created upon her entrance into the Army shows her name as "Lixx Dexxxx Stxxxxx."
4. She completed basic combat and advanced individual training and she was awarded military occupational specialty 74D (Chemical Operations Specialist). She was assigned to Fort Carson, CO.
5. On an unknown date during her military service, she appears to have submitted a DA Form 4187 (Personnel Action) wherein she stated she was married and requested a last name change from "Stxxxxx" to "Goxxxxxx" on all official records.
5. Her records contain several personnel documents including a record of emergency data, a record of servicemens group life insurance, an updated ERB, separation packet and allied documents, developmental counseling form, separation orders, and various other orders that show her new last name as "Goxxxxxx."
6. She was discharged on 9 April 2008 by reason of a condition - not a disability. Item 1 (Name) of the DD Form 214 she was issued shows her name as "Lixx Dexxxx Goxxxxxx." She authenticated this form by placing her signature in item 21 (Signature of Member Being Separated).
7. She provides a State court order, dated 23 June 2009 (after her discharge from the Army) that awarded her a name change from "Lixx Dexxxx Stxxxxx" to "Gexxx Elxxxxxxx Brxxxxx" effective 23 June 2009.
8. She also provides a copy of her VA rating decision, dated 23 January 2009 awarding her service-connected disability compensation. No name is listed on this form.
9. 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. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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 evidence of record shows upon her enlistment in the RA on 8 June 2006, the applicant listed her name as ""Lixx Dexxxx Stxxxxx." Subsequent to her marriage, she appears to have requested a name change from "Stxxxxx" to "Goxxxxxx" on all official records. This new last name is consistent with the last name on several documents in her service record throughout the remainder of her military service. She authenticated several documents by placing her full signature in the appropriate block, indicating that her last name was correct.
2. The State court order changed her name a year after her discharge from the Army. 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 the applicants name in this case.
3. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her correct full name, will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her correct full name documented in her OMPF.
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) AR20100025903
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ABCMR Record of Proceedings (cont) AR20100025903
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