IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014943
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 first and middle names as "Mikayla Ashley."
2. The applicant states her name was changed following her gender change from male to female. She now wants her DD Form 214 to reflect her new first and middle names.
3. The applicant provides copies of her DD Form 214 and the court order and certificate of name change.
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 7 November 1989 using a different first and middle name from what she now claims is correct. The applicant completed initial training and was awarded military occupational specialty 71B (Clerk Typist).
3. On 5 July 1996, the applicant was discharged with an honorable characterization of service.
4. The court order and certificate provided by the applicant show the applicant's first and middle names were changed on 15 September 2000 from those used during military service to what she now uses in civilian life.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a correction of her DD Form 214 to show a change to her first and middle names.
2. The applicant states her name was changed following her gender change from male to female. She now wants her DD Form 214 to reflect her new first and middle names.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. Therefore, there is no basis for granting the applicant's request to change the name used during military service.
5. The applicant is advised that a copy of this decisional document will be filed in her official military personnel file. This should serve to clarify any questions or confusion regarding the applicant's name and to satisfy her desire to have her current first and middle names documented in her record.
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) AR20110014943
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014943
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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