BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110017703
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 last name as "Hxxxxx" instead of "Dxxxxxx."
2. The applicant states her records reflect her married name. Her marriage was annulled and she would like her record corrected to show her current name.
3. The applicant provides her divorce document.
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 applicants records show she enlisted in the Regular Army (RA) for a period of 4 years on 11 April 1990. Item 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) listed her last name as "Dxxxxxx." She authenticated this form and allied documents by placing her signature in the appropriate blocks using this last name.
3. Her records contain several personnel documents including promotion orders, awards orders, military occupational specialty orders, a Servicemen's Group Life Insurance Election and Certificate, and various other orders that show her last name as "Dxxxxxx." She authenticated some of these documents as required by placing her signature in the appropriate blocks using this last name.
4. On 25 March 1994, she executed a 3-year reenlistment in the RA. Item 1 of her DD Form 4 listed her last name as "Dxxxxxx." She authenticated this form and allied documents by placing her signature in the appropriate blocks using this last name.
5. On 19 September 1994, she and her spouse were divorced. The divorce document restored her maiden name to "Hxxxxx." However, there is no indication she requested and/or received approval of a name change on her official military records.
6. In January 1996, her chain of command initiated separation action against her. Her separation packet, including her acknowledgment statement, listed her last name as "Dxxxxxx."
7. She was honorably discharged on 13 February 1996. Her separation orders and item 1 (Name) of the DD Form 214 shows her last name as "Dxxxxxx." She authenticated her DD Form 214 by placing her signature in item 21 (Signature of Member Being Separated) using this last name.
8. 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. 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 enlistment in the RA on 11 April 1990 the applicant listed her last name as "Dxxxxxx." This last name is consistent with the last name on several documents in her service record. She also reenlisted in 1994 and used the same last name. She authenticated several documents by placing her full signature in the appropriate block indicating that her name was correct. She did not use the last name of "Hxxxxx" during her military service.
2. The Army has an interest in maintaining the integrity 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 last name in this case. A copy of this Record of Proceedings will be placed in her official military personnel file so record of her current name will be available.
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) AR20110017703
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ABCMR Record of Proceedings (cont) AR20110017703
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