IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100026377
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 correct Social Security Number (SSN) as xxx-xx-4x9x instead of
xxx-xx-2x4x
* Her name change from C-----e A-----A R-------z to T--a A-----a J---s
2. The applicant states her DD Form 214 has an incorrect SSN and she legally changed her name in 2007 and wants her military records to reflect that name change.
3. The applicant provides:
* A self-authored statement
* her DD Form 214
* a court-ordered name change
* a Social Security Administration document
* her discharge orders
* a DA Form 4187 (Personnel Action), dated 14 February 2002
* a memorandum, subject: Request for Legal Name Change:
Ln, C----e A., dated 5 February 2002
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 served in the Regular Army from 7 November 2000 through 15 May 2002. When she enlisted her name was C-----e A. L--n and her SSN was xxx-xx-4x9x.
3. During her enlistment, the applicant effected a name change from C-----e A. L--n to C-----e A. R-------z.
4. When she was discharged for parenthood on 15 May 2002, the applicant's
DD Form 214 showed her name as C-----e A. R-------z. It also showed in item 3 (SSN) the entry "xxx-xx-2x4x."
5. On 22 February 2007, the applicant legally changed her name from C-----e
A-----a R-------z to Ta A-----a J---s.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN is incorrect on her DD Form 214. She enlisted and served using the SSN xxx-xx-4x9x. When she was discharged, a mistake was made and her SSN was shown as xxx-xx-2x4x. Therefore, her DD Form 214 should be corrected to show her correct SSN.
2. The available evidence is not sufficient to support the applicant's request to correct her DD Form 214 to show her name change to Ta A-----a J---s. The applicant legally enlisted and served under the name C-----e A. L--n. During her service she legally changed her name to C-----e A. R-------z and she was honorably discharged under that name on 15 May 2002. She did not have her name legally changed to Ta A-----a J---s until 22 February 2007, almost 5 years after her discharge from the Army. Therefore, there is no basis for granting this portion of the applicant's request.
3. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record her correct last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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 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 last name recorded in her military record and to satisfy her desire to have her correct last name documented in her OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of her DD Form 214 the entry "xxx-xx-2x4x and replacing with the entry "xxx-xx-4x9x."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to changing her name on her DD Form 214.
____________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) AR20100026377
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100026377
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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