BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120022029 


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 service records to show her last name as "D----."

2.  The applicant states that her last name was incorrectly recorded on her  
DD Form 214 (Certificate of Release or Discharge from Active Duty) as "J---;"   however, she never legally changed her last name when she married and she has always signed her documents using her maiden name ("D----").

3.  The applicant provides copies of her:

* DA Form 2-1 (Personnel Qualification Record)
* marriage certificate
* DD Form 214
* two orders

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's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), completed by the applicant on 13 September 1996, shows in section I (Personal Data), item 2 (Name), her last name as "D----."  It also shows the applicant and a recruiter placed their signatures on the document.

3.  The applicant enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program, on 19 September 1996, and further enlisted in the Regular Army (RA) on 15 July 1997.

4.  A Request for Change of Name on Official Records, dated 22 June 1998, shows the applicant requested her last name be changed from "D----" to "J---." Her commander approved the request on 22 June 1998.

5.  A DD Form 214 shows the applicant was honorably released from active duty on 15 April 1999, and transferred to a USAR unit.  It shows in:

   a.  item 1 (Name - Last, First, Middle) her last name as "J---"; and

	b.  item 21 (Signature of Member Being Separated) - the applicant signed the document.

6.  In support of her request the applicant provides the following documents:

   a.  A DA Form 2-1 that shows in item 1 (Name):  "D----, K---- G---."  Item 33 (Date) shows the document was prepared on 16 July 1997, reviewed on
20 November 1997, and signed by the applicant.

   b.  A State of Washington, Pierce County, Marriage Certificate that shows the applicant married "E--- J---" on 19 June 1998.  It also shows for "Bride's Signature (as appears on license)" the applicant signed the document "K-- D----."

 	c.  A USAR Personnel Command, St. Louis, MO, Orders C-07-217881, dated 10 July 2002, reassigned the applicant from the USAR Control Group (Annual Training) to the 351st Military Police Company, Ocala, FL, effective 10 July 2002.  The order shows her last name as "D----."

   d.  Headquarters, U.S. Army 81st Regional Readiness Command, Birmingham, AL, Orders 05-129-00079, dated 9 May 2005, honorably discharged the applicant from the USAR effective 9 May 2005.  The order shows her last name as "D----."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the Army Military Human Resource Record (AMHRR).

	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 state to enter the name in all capital letters.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's military service records reflect her correct last (i.e., maiden) name when she enlisted in the USAR and entered the RA.

2.  The evidence of record also shows the applicant married "E--- J---" on 
19 June 1998 and she requested that her last name be changed on all official records from "D----" to "J---."  Her request was approved on 22 June 1998.

3.  The applicant was released from the RA on 15 April 1999 and transferred to the USAR.  Her DD Form 214 shows her last name as "J---" (i.e., the last name she requested and that was recorded in her official records at the time), and she signed the document with that last name.

4.  The evidence of record indicates that at some point while serving in the USAR, the applicant's last name was changed back to her maiden name ("D----") and she was discharged from the USAR with that last name.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documentation provided by the applicant is insufficient evidence to warrant a change of the name on her DD Form 214 because it accurately reflects her last name at the time she was released from active duty on 15 April 1999.

6.  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.  While it is understandable the applicant desires to now record her current last name on her DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

7.  In view of the foregoing, there is no basis for granting the requested relief.

8.  A copy of this Record of Proceedings will be filed in the applicant's military personnel records so that her current last 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)                                         AR20120022029



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ABCMR Record of Proceedings (cont)                                         AR20120022029



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