BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20120021461
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 "Boxx."
2. The applicant states, in effect, she received a legal name change after her discharge from the Army.
3. The applicant provides an Order for Name Change, social security card, and Georgia State Driver's License.
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's records show she enlisted in the Regular Army on 21 July 2005 and Item 1 (Name - Last, First, Middle) of her DD Form 4 (Enlistment/
Reenlistment Document - Armed Forces of the United States) shows her last name as "Boxx." She signed this form and all allied documents using this full name.
3. Although not available for review with this case, it appears at some point during her period of active service she reported that her last name had changed to "Hyppoxxxx" (the contested name).
4. All documents in her service record between May 2008 and July 2009 (her separation date) show her last name as "Hyppoxxxx."
* Certificate awarding her the Army Commendation Medal
* DD Form 2648 (Preseparation Counseling Checklist)
* Enlisted Record Brief
* Separation orders and amendments
5. On 20 July 2009, she was honorably released from active duty and Item 1 (Name - Last, First, Middle) of her DD Form 214 shows her last name as "Hyppoxxxx." She digitally signed this form using this last name. Furthermore, item 18 (Remarks) of this form contains an entry that shows she also used the last name of "Boxx" during this period of service.
6. On 18 August 2010, the Superior Court of New Jersey issued her an Order for Name Change from "Hyppoxxxx" (the contested name) to "Boxx" (the requested name). She updated her social security card and state driver's license with the new name.
7. 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. It establishes standardized policy for the preparation of the DD Form 214. It states 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. On 21 July 2005, when the applicant initially enlisted in the Regular Army she used the last name of "Boxx." It appears that on some unknown date she reported that her last name had changed to "Hyppoxxxx." All records that were created between May 2008 and July 2009 show her last name as "Hyppoxxxx." This was her last name at the time of separation on 20 July 2009. However, the Remarks section of her DD Form 214 shows she also used the last name of "Boxx" during this period of service.
2. After she was released from active duty she changed her last name back to "Boxx"; however, this has no bearing on the last name she was using at the time of her separation from active duty.
3. 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. There is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed her military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant her relief.
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) AR20120021461
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ABCMR Record of Proceedings (cont) AR20120021461
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