IN THE CASE OF:
BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120019469
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 records to show a completely different name.
2. The applicant states she changed her name and she no longer uses a middle name or initial.
3. The applicant provides:
* 3 letters
* a medication list
* Department of Veterans Affairs (VA) Form 21-526EZ (Fully Developed Claim Certification (Compensation))
* Arizona Driver License
* United States Uniformed Services Identification and Privilege Card
* Social Security Card
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Although the applicant lists an American Veterans National Service Officer as counsel, he did not render a request on the applicant's behalf.
2. Counsel provides no additional statement.
3. Counsel provides no additional evidence.
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 Women's Army Corps of the Regular Army on 27 December 1967. All documents in the applicant's file show she served under a completely different name than the one she is requesting.
3. The applicant was discharged on 27 May 1969. Her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects her name as "D----, K---- A------."
4. The applicant provides a copy of her Arizona Driver License, United States Uniformed Services Identification and Privilege Card, and her Social Security Card which lists her name as she requests it to be changed.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and all other available service documents reflect the applicant's name as "D----, K---- A------."
2. The fact that she provides evidence which shows her name as something other than what is listed on her DD Form 214 is duly noted. However, this does not change the conditions and circumstances that existed at the time her record was created.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record this name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed with her military records. This should serve to clarify any questions which may arise regarding the different name recorded in her military records and to satisfy her desire to have this 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 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) AR20120019469
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019469
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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