BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005295 


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 that her last name be changed from E-l to C---s.  She also requests, in effect, confirmation of her date of separation.

2.  The applicant states:

* her maiden name was C---s
* she did not request a name change to E-l and once it was changed, she requested it be changed back to C---s
* she requested a name change prior to her discharge
* she divorced while she was being discharged
* she has always been a C---s and has to continue the C---s family tradition of serving in the military

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 4187 (Personnel Action), dated 14 June 2006
* A Physical Disability Information Report

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 enlisted in the Regular Army on 30 October 1996 under the name of S----a M-----e C---s.

3.  Her record contains a DD Form 4187, dated 27 April 1999, that shows her last name as B---k.

4.  Her record contains a County of Humboldt License and Certificate of Marriage, which shows she married J------n E----n on 26 January 2002.  This document shows her previous marriage ended by dissolution on 27 December 2001 and she was using the name C---s at the time.

5.  Her record contains a DD Form 4/1 (Enlistment/Reenlistment Document), dated 26 October 2005, which shows her last name as C---s.

6.  She provides an unsigned DA Form 4187, dated 14 June 2006, which was not signed by the commander, on which she requested that her last name be changed from E-l to C---s.

7.  Her record contains a DA Form 199 (Physical Evaluation Board Proceedings), dated 18 October 2007, which shows her last name as E-l.  

8.  She submitted a Physical Disability Information Report, dated 19 October 2007, which shows her last name as E-l and her projected date of separation as 16 January 2008. 

9.  Her record contains Orders Number 302-001, issued by Headquarters, I Corps and Fort Lewis, dated 29 October 2007, which show her last name as 
E-l.

10.  She continued to serve on active duty until she was honorably discharged with severance pay.  Her DD Form 214 shows:  

* Item 1 (Name) shows her last name as E-l
* Item 12b (Separation Date this Period) shows she was discharged on 16 December 2007  
11.  Army Regulation 635-5 (Separation Documents) 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 Soldier's 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 contends that she submitted a request to change her name from E-l to C---s during her out-processing.  However, the DA Form 4187 she attests she submitted requesting a name change was dated a year prior to her discharge and not endorsed by her commander.

2.  The evidence of record confirms the applicant served under the same last name of E-l for at least 18 months prior to the date of her discharge.  Evidence of record shows she underwent several name changes during her military career, even though there is only one marriage certificate on file and no certificates of divorce in her record.  Her request to change her last name from E-l to C---s was not signed by the commander and there is no evidence that shows it was processed.  However, her final DD Form 214 as attested to by her signature and other subsequent dated documents continue to show her last name as E-l.

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 current full name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  It is not known why the Physical Disability Information Report contains the projected separation date of 16 January 2008; however her DD Form 214 correctly shows she was discharged on 16 December 2007, as attested to by her signature.  As a result, no correction of this document is required.  

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20110005295





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ABCMR Record of Proceedings (cont)                                         AR20110005295



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