BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018775
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her last name as Flemxxx.
2. The applicant states that she joined the National Guard and U.S. Army Reserve (USAR) after she was released from active duty (REFRAD) and all of her Reserve Component documents reflect her last name as Flemxxx. She would like her DD Form 214 corrected to show the same last name because it causes confusion when she submits her separation documents to employers.
3. The applicant provides copies of her DD Form 214, National Guard Bureau Form 22 (Report of Separation and Record of Service), a letter from the Department of Veterans Affairs, and discharge orders from the Missouri Army National Guard (MOARNG) and USAR.
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 Regular Army on 10 September 1987 for a period of 3 years under the last name of Chambxxx. She completed one-station unit training at Fort McClellan, Alabama and she was transferred to Fort Leonard Wood, Missouri for her first assignment. She married on 2 September 1989 and changed her last name to Cashxxx.
3. She served a 1-year tour in Korea and was assigned to Fort Riley, Kansas where she remained until she was honorably REFRAD. She was transferred to a USAR Troop Program Unit in Kansas and the DD Form 214 she was issued at the time of REFRAD reflects the last name she was serving under at the time (Cashxxx).
4. On 1 June 1994, she was transferred to a unit of the MOARNG and on
1 September 1994 her last name was changed to Flemxxx due to marrying another service member.
5. On 1 May 1995, she was discharged from the MOARNG under her new last name (Flemxxx) and she was transferred to the USAR where she served until she was honorably discharged from the USAR on 30 January 1996.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect the last name she served under when she was discharged from the Reserve Components has been noted.
2. The applicants DD Form 214 correctly reflects the last name she was serving under at the time she was REFRAD in accordance with the applicable regulations.
3. Therefore, since the applicable regulation requires that the DD Form 214 be prepared to reflect information as it exists in the official records at the time of separation and the applicants DD Form 214 was prepared accordingly, there appears to be no basis to grant her request.
4. This Record of Proceedings will be filed in her military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in her name. Filing the Boards decisional document will also guarantee the historical accuracy of the applicant's military record regarding the name under which she served.
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) AR20120018775
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ABCMR Record of Proceedings (cont) AR20120018775
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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