IN THE CASE OF:	  

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130004012 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 February 2003 to show her last name as "Axxxx" instead of "Bxxxx."

2.  The applicant states:

* her records were correct at the time of her discharge, but she is now divorced and wants her DD Form 214 to match her current and permanent name "M.C. Axxxx"
* she discovered she could have her DD Form 214 corrected when she was applying for educational benefits

3.  The applicant provides:

* court-ordered name change document
* DD Form 214 ending 12 February 2003
* Department of Veterans Affairs (VA) identification (ID) card
* New Mexico driver's license
* U.S. Army Reserve ID card

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.  After having a prior period of honorable service in the Regular Army, the applicant reenlisted on 2 January 1997 with the name M.C. Hxxx.  She completed training and was awarded military occupational specialty 92Y (Supply Specialist).

3.  Her records do not contain any DA Forms 4187 (Personnel Action), marriage licenses, or divorce decrees.

4.  A DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period January 2002 through November 2002 shows her name as M.C. Bxxxx.

5.  On 12 February 2003, she was honorably released from active duty.  Her DD Form 214 shows her name as M.C. Bxxxx.

6.  On 13 February 2003, the applicant enlisted in the U.S. Army Reserve.  Item 1 (Name) on her DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the name M.C. Bxxxx.

7.  The applicant provides a copy of her DD Form 214 for the period of service ending 12 February 2003, a court order changing her name to M.C. Axxxx, and a copy of the following ID cards:

* VA ID card which shows the name M.C. Axxxx
* New Mexico driver's license which shows the name M.C. Axxxx
* U.S. Army Reserve ID card which shows the name M.C. Bxxxx

8.  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 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 request for a change of her last name from "Bxxxx" to "Axxxx" on her DD Form 214 for the period ending 12 February 2003 was carefully considered.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 name on her DD Form 214 for the period ending 12 February 2003, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

3.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's DD Form 214 ending 12 February 2003 was correct at the time and there is no reason to change it.

4.  The applicant is advised that a copy of this decisional document that confirms her current name will be filed in her Army Military Human Resource Record.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her current 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)                                         AR20130004012



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004012



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1