IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006483
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show her new legal name as changed on 25 February 2011 by the Superior Court of California.
2. The applicant states, in effect, that the Superior Court of California approved her request to change her name on 25 February 2011 and she desires her DD Form 214 to be corrected to reflect her new name.
3. The applicant provides a copy of her court order of name change, a copy of her previous drivers license, and a copy of her new Social Security Card.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 10 October 1976 and enlisted in the Regular Army in the pay grade of E-4 on 18 August 2009 for a period of 3 years, training under the Officer Candidate School program and the student loan repayment program. She enlisted under the last name, first name and middle name of Sundxxxd, Axxxa Txxxn. She was transferred to Fort Jackson, South Carolina to undergo her training.
2. On 18 November 2009, she was discharged under the provisions of Army Regulation 635-200, chapter 11, due to entry level performance and conduct with an uncharacterized character of service. She had served 3 months and 1 day of active service and her DD Form 214 issued at the time of her discharge reflects her name as Sunxxxd, Axxxa Txxxn.
3. The court document provided by the applicant reflects that on 25 February 2011 the applicants name was changed to Vicxxx Axxxa Genxxx Va-de-Bxxxl.
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the name of Sunxxxd, Axxxa Txxxn and her records properly reflect such.
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. 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 new name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his 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 legal name documented in her OMPF. Accordingly, there is no basis for granting the applicants 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.
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