IN THE CASE OF:
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130020424
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) to show her social security number (SSN) as 509-XX-XXXX and her last name as M____.
2. The applicant states she did not realize she used the wrong SSN when she enlisted. She also states she has divorced and would like her DD Form 214 changed to show her last name as M____.
3. The applicant provides a self-authored letter to the Board, a letter from the Department of Veterans Affairs, and copies of her DD Form 214, divorce decree, driver's license, and social security 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. The applicant enlisted in the Regular Army on 5 August 1980 under the last name W____. She completed training and was awarded military occupational specialty 94B (Food Service Specialist).
3. All documents in the applicant's available service records show her SSN as 507-XX-XXXX.
4. The applicant was honorably discharged on 28 May 1982. Her DD Form 214 shows her last name as W____ and her SSN as 507-XX-XXXX.
5. The applicant divorced on 12 June 1982 and resumed her former last name of M____.
6. The applicant's driver's license shows her last name as M____ and her social security card shows her SSN as 509-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. All available records show the applicant served her entire period under the last name M____ and the SSN 507-XX-XXXX. Her name was not legally changed until after she was discharged.
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.
3. While it is understandable that the applicant desires to now record the last name and SSN that she currently uses in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. A copy of this Record of Proceedings and the court order will be filed in the applicant's military records to serve as a record of her legal change of name and current SSN for future reference.
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) AR20130020424
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ABCMR Record of Proceedings (cont) AR20130020424
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