IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130012211
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 Hexxx.
2. The applicant states her records show she entered military service under the last name Hexxx. She requested to have her name restored to Hexxx as a result of divorce and reissuance of her DD Form 214 while clearing post prior to separation. She is now being denied veterans' benefits because her DD Form 214 was not corrected.
3. The applicant provides copies of her DD Form 214; Illinois driver's license, Department of Veterans Affairs Identification Card, and verification of residency form.
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 3 October 1982. She was honorably relieved from active duty on 6 October 1986.
3. Records show she entered the military under the last name Hexxx and was married while serving in the military. As a result of marriage, she legally changed her last name to Waxxx. The DD Form 214 issued at the time of her separation properly shows her last name as Waxxx.
4. The applicant did not provide any documentation and her military records contain no evidence showing her name was legally restored to Hexxx as a result of divorce prior to her release from active duty.
5. The applicant provided copies of her Illinois driver's license, Department Of Veterans Affairs Identification Card, and verification of residency form which show her last name as Hexxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant changed her last name to Waxxx as a result of marriage during her military service and this name is properly recorded on her DD Form 214. The applicant did not provide any documentation showing her last name was legally restored to Hexxx prior to her release from active duty.
2. 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 that the applicant desires to record the last name she now uses on her DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of her DD Form 214.
3. The applicant is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion regarding the difference between the last name recorded on her DD Form 214 and the last name she now uses.
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) AR20130012211
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