IN THE CASE OF:
BOARD DATE: 23 April 2014
DOCKET NUMBER: AR20130015357
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 records to show her name change.
2. The applicant states she remarried in November 2008.
3. The applicant provides a copy of her Marriage Certificate.
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 15 April 1986, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program under a married last name of "C____z." On 23 October 1986, she enlisted in the Regular Army under the same last name and the same last name is shown on every document in her official record.
3. The applicant was honorably released from active duty on 22 October 1988. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as "C____z."
4. The applicant submits a Marriage Certificate which shows she remarried on 14 November ____ (the year is not listed on the certificate).
5. 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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and her supporting evidence has been considered.
2. The applicant's records properly show the last names she served under during her Army service.
3. She did not remarry until well after she was released from active duty and the documents contained in her official records properly reflect this information.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20130015357
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ABCMR Record of Proceedings (cont) AR20130015357
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