IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011317
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 "Gallxxxx" and the first three numbers of her social security number (SSN) is "245."
2. The applicant states that before she retired, she changed her last name to "Gallxxxx" and her SSN has always begun with the first three digits of "245"; however, a typographical error occurred at the time her DD Form 214 was prepared and it now shows the first three digits as "254."
3. The applicant provides copies of his DD Form 214 and retirement 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 enlisted in the U.S. Army Reserve (USAR) on 9 November 1979. At the time she enlisted her SSN was recorded as having "245" as the first three digits and she served under that SSN for her entire career. On
26 September 1984, she entered active duty in the Active Guard Reserve (AGR) Program. She was promoted to the pay grade of E-8 on 1 April 2000.
3. On 10 August 2005, the applicant submitted a request to change her last name to "Gallagher." The request is contained in her official records.
4. On 15 August 2005, orders were published that released her from active duty on 31 December 2005 and placed her on the Retired List effective 1 January 2006. The orders do not reflect her new last name but do reflect her correct SSN.
5. The DD Form 214 issued at the time of her retirement shows her old last name and reflects an SSN beginning with the first three numbers of "254."
DISCUSSION AND CONCLUSIONS:
1. The applicant changed her last name to "Gallagher" prior to retiring and she served her entire career under the SSN that is contained on her retirement orders.
2. Accordingly, her DD Form 214 should be corrected to reflect the last name and SSN that are contained on her request for name change.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
changing the last name and SSN reflected on her DD Form 214 to reflect the last name and SSN contained on her request for name change.
2. The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of her service in arms.
__________ 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) AR20130011317
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ABCMR Record of Proceedings (cont) AR20130011317
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