BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130001411 


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 the spelling of her first and middle name as A-- M---a instead of A-n- M---e.

2.  The applicant states her name is not A-n- M---e.

3.  The applicant provides copies of her:

* DD Form 214 for the period ending 31 May 1992
* Certificate of Live Birth, registered in the State of Texas on 17 February 1949
* the photo and signature pages of her expired U.S. Passport, issued on
18 July 2002

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 Regular Army on 5 July 1968.  Her DD Form 4 (Enlistment Contract) shows the first and middle name she claims is incorrect.

3.  On 6 July 1968, she completed a DD Form 398 (Statement of Personal History) wherein she listed her first and middle name as the names she claims are incorrect.  She authenticated this document with her signature listing the first and middle name she claims is incorrect.

4.  A DD Form 1584 (National Agency Check Request), dated 17 July 1968, shows she listed her first and middle name as A-n- M---e and listed the first and middle name A-- M---a as an alias.

5.  On 3 December 1969, she was honorably discharged by reason of pregnancy. Her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows the first and middle name she claims is incorrect.

6.  All documents in her military file pertaining to her period of service from 
5 August 1968 to 3 December 1969 show the first and middle name she claims is incorrect.

7.  After a break in service, she enlisted in the Regular Army on 19 October 1973.  The DD Form 4 for this enlistment shows the first and middle name she claims is incorrect.

8.  On 14 September 1976, she was discharged for the purpose of immediate reenlistment.  She was issued a DD Form 214 (Report of Separation from Active Duty) for this period of service that shows the first and middle name she claims is incorrect.  She reenlisted on 15 September 1976 and continued her service on active duty through a series of reenlistments until her retirement on 31 May 1992. Her final DD Form 214 shows the first and middle name she claims is incorrect.

9.  Her entire military record shows the first and middle name she claims is incorrect.  There is no evidence showing she ever served under the first and middle name of A-- M----a.

10.  On 21 February 1993, she applied to this Board for correction of her military records to show a change in her last name.  The DD Form 149 (Request for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), received by this Board on 8 March 1993 shows she listed her first and middle name as A-n- M---e.

11.  She provides copies of her birth certificate and U.S. passport.  Both documents show the first and middle name she claims is correct.

12.  Army Regulation 635-5 (Separations 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.  The applicant's contention that her DD Form 214 should be corrected to show a different first and middle name has been carefully considered.

2.  Evidence shows she listed her first and middle name as A-n- M---e throughout her entire military career.  Additionally, she indicated on the DD Form 1584 she prepared and signed that the first and middle name A-- M---a was an alias.  There is no evidence showing she ever intended to serve under the first and middle name recorded on her Certificate of Birth and U.S. Passport.

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.  While her desire to now record her correct first and middle names in her military records is understandable, 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 in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the first and middle name 

recorded in her military record and to satisfy her desire to have her currently used first and middle name documented in her AMHRR.

5.  In view of the foregoing, there is no basis to grant the applicant's requested 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 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)                                         AR20130001411



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ABCMR Record of Proceedings (cont)                                         AR20130001411



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