IN THE CASE OF:	

		BOARD DATE:  31 December 2013

		DOCKET NUMBER:  AR20130008477


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 (Report of Separation from Active Duty) to change her name from "Pxxxxxx Nxxxxx" to "Fxxxxxxx Mxxxxxxx."

2.  The applicant states she would like a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued to reflect her legal name, "Fxxxxxxx Mxxxxxxx."

3.  The applicant provides copies of her DD Form 214 and her legal name change order, issued by the Judicial District Court of Jefferson County, TX.

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.  On 26 February 1974, the applicant enlisted in the Regular Army – Women's Army Corps.  Item 5 (Last Name – First Name – Middle Name) of her DD Form   4 (Enlistment Contract – Armed Forces of the United States) shows her name as "Nxxxxx, Pxxxxxx."  Additionally, all allied enlistment documents identify her by that same name.

3.  On 17 February 1976, she was honorably discharged from the Army.  Item     1 (Last Name – First Name – Middle Name) of her DD Form 214 shows her name as "Nxxxxx, Pxxxxxx."  

4.  On 13 March 1976, she enlisted in the U.S. Army Reserve (USAR).  Item       5 (Last Name – First Name – Middle Name) of her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows her name as "Nxxxxx, Pxxxxxx."  Additionally, all allied enlistment documents identify her by that same name.

5.  On 7 September 1978, at the Judicial District Court of Jefferson County, TX, her name was legally changed from "Pxxxxxx Nxxxxx" to "Fxxxxxxx Mxxxxxxx."

6.  On 11 September 1978, her USAR Troop Program Unit (TPU) of assignment processed her request for legal name change, thereby changing her current military records to show her name as "Fxxxxxxx Mxxxxxxx."  She used this name throughout the remainder of her USAR service.

7.  On 9 December 1980, she was discharged from the USAR.  Her discharge orders show her name as "Mxxxxxxx, Fxxxxxxx."  

8.  The documents contained in her DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during her Regular Army period of service covered by her DD Form 214, consistently show her name as "Pxxxxxx Nxxxxx."  Her name is not represented as "Fxxxxxxx Mxxxxxxx" at any time during her period of active military service; however, it is represented in this manner during her period of USAR service following her discharge from the Regular Army.    

9.  Army Regulation 635-5 (Separation 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.  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.  It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be amended to correct her name.

2.  The evidence of record shows that upon her enlistment into the Army, she listed her name as "Pxxxxxx Nxxxxx."  The evidence of record further shows she used that name throughout her period of service in the Regular Army.  Later, after she was discharged from the Regular Army and enlisted in the USAR, her name was legally changed to "Fxxxxxxx Mxxxxxxx," and she used that name for the remainder of her military service.

3.  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 that she now desires to record a different name throughout her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed her military service records, including her DD Form 214, were correct at the time and there is insufficient evidence to grant relief in this case.

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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20130008477



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