IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120004443
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 military records to show her name as "Christina Michelle W____."
2. The applicant states she has undergone a legal name change and she wants her military records to match her current legal name.
3. The applicant provides a court-ordered petition for change of name.
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 enlisted in the Army National Guard on 28 December 1992 under the name of "Christopher Michael W____." The applicant was ordered to active duty as a member of the Army National Guard on 26 November 2002 in support of Operation Enduring Freedom. The applicant served in Kuwait/Iraq from 3 January 2003 to 6 October 2003 and was released from active duty on 22 November 2003.
3. Item 1 (Name Last First Middle) of the applicant's DD Form 214 for this period of active duty service shows the name "Christopher Michael W____."
4. The applicant was honorably discharged from the Army National Guard on 24 February 2004.
5. The applicant's National Guard Bureau Form 22 (Report of Separation and Record of Service) shows the name "Christopher Michael W____."
6. The applicant's service personnel records consistently show the name "Christopher Michael W____."
7. The applicant provides a court-ordered petition for change of name, dated 23 February 2012, which shows her name was legally changed to "Christina Michelle W____."
8. 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. 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. For historical purposes, the Army has an interest in maintaining the integrity 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.
2. The applicant's service personnel records show the applicant served under the name "Christopher Michael W____" and was released from active duty in 2003 and honorably discharged from the Army National Guard in 2004 under this name. The applicant legally changed her name to "Christina Michelle W____" in 2012 long after she was released from active and discharged from the Army National Guard. While the applicant's desire to have her records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.
3. The applicant is advised that a copy of this decisional document which confirms her legal name change will be filed in her official military personnel file (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name recorded in her OMPF and to satisfy her desire to have her current legal name documented in her military records.
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) AR20120004443
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ABCMR Record of Proceedings (cont) AR20120004443
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