IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140002647
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 name as Axxxx Dxxxx Wxxxx instead of Dxxxx Axxxx Wxxxx.
2. The applicant states a typographical error occurred during the processing of her DD Form 214. She is trying to receive benefits and she needs her name to match her social security number.
3. The applicant provides her State of Maryland Certificate of Live Birth and her Honorable Discharge 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. The applicant enlisted in the U.S. Army Reserve on 25 April 1986.
3. Her DD Form 4 (Enlistment/Reenlistment Document) and DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows her name as Dxxxx Axxxx Wxxxx.
4. In conjunction with her enlistment, she provided a copy of her birth certificate that shows her name as Axxxx Dxxxx Wxxxx. However, she also provided a copy of her high school diploma and social security card that show her name as Dxxxx A. Wxxxx.
5. A review of her records shows she consistently used the name Dxxxx Axxxx Wxxxx throughout her service.
6. On 3 May 1994, she was honorably discharged. Her DD Form 214 shows her name as Dxxxx Axxxx Wxxxx. Her separation orders from the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 3 May 1994, show her name as Dxxxx Axxxx Wxxxx.
7. She provided a copy of her State of Maryland Certificate of Live Birth, issued on 20 May 2008, which shows her name as Axxxx Dxxxx Wxxxx. She also provided a copy of her Honorable Discharge Certificate, which shows her name as Dxxxx Axxxx Wxxxx.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated 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.
DISCUSSION AND CONCLUSIONS:
1. A review of her records shows that although her birth certificate showed her name as Axxxx Dxxxx Wxxxx, she served exclusively under the name Dxxxx Axxxx Wxxxx and she provided a social security card with this name at the time of her enlistment.
2. While it is understandable that she now desires to record the name shown on her birth certificate in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
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 a change to those records.
4. 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 in the name recorded in her military records and the name shown on her birth certificate.
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) AR20140002647
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002647
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001322
The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), be corrected to show his last name as "Dxxxx" in lieu of Hxxxxx. The FSM's record contains: a. DD Form 4 (Enlistment Record - Armed Forces of the United States), Item 1 (Last Name - First Name - Middle Name) shows he enlisted under the name of "Wxxxxxx Txxxxx Hxxxxx." The evidence of record shows throughout his period of RA service,...
ARMY | BCMR | CY2014 | 20140015885
The applicant requests, in effect, that her military records be corrected by: a. issuing a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) with her current name, Matxxxx Jxxx Dxxxx, and Social Security Number (SSN), XXX-XX-XX18; or b. reissuing of a new complete DA Form 1569-E (Transcript of Military Record) incorporating all previous corrections; and c. providing her information under the Freedom of Information Act (FOIA). The applicant provides * two DD...
ARMY | BCMR | CY2011 | 20110006166
The applicant states the third digit of the SSN recorded in item 32 (Remarks) of his DD Form 214 is incorrect and should be a "3" not an "8." The evidence of record shows an incorrect SSN was recorded in the applicant's military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the SSAN from item 32 of his DD Form 214 * adding "SSAN XX3-XX-XXXX" as it is listed on his social security card _______ _...
ARMY | BCMR | CY2011 | 20110016420
The applicant requests her last name in item 1 (Name) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. _______ _ 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) AR20110016420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2010 | 20100021210
The applicant requests correction of his military service records and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1999 to change her first name and middle name to Daphne Amber instead of David Wayne. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of...
ARMY | BCMR | CY2013 | 20130007167
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 7b (Home of Record (HOR) at Time of Entry) as Cxxxxx Rxxx 2XX, Lot 7XX, Mountain View, WY, vice 1XXX E 4XXX S, Ogden, UT. Her address was not 1XXX E 4XXX S, Ogden, UT. With respect to correcting her DD Form 214 to show her HOR as Cxxxxx Rxxx 2XX, Lot 7XX, Mountain View, WY, this is the address she listed as her address after separation from active duty.
ARMY | BCMR | CY2013 | 20130004012
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 February 2003 to show her last name as "Axxxx" instead of "Bxxxx." Her DD Form 214 shows her name as M.C. The applicant's request for a change of her last name from "Bxxxx" to "Axxxx" on her DD Form 214 for the period ending 12 February 2003 was carefully considered.
ARMY | BCMR | CY2013 | 20130001568
Application for correction of military records (with supporting documents provided, if any). His records contain the following documents showing his middle name as "Ridgley": * DD Form 4 (Enlistment Record Armed Forces of the United States) * DA Form 428 (Application for Identification Card) * DD Form 398 (Statement of Personal History) 5. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction...
ARMY | BCMR | CY2011 | 20110021306
The applicant requests correction of her first name "S----ta" to "S----ke" on all of her military documents, including her DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 256A (Honorable Discharge Certificate), DARP Form 249-2-E (Chronological Statement of Retirement Points), and Department of Veterans Affairs (VA) Certificate of Eligibility for Loan Guaranty Benefits. A review of the applicant's record shows her first name appears as "S----ta" on all documents...
ARMY | BCMR | CY2014 | 20140014211
The applicant requests correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show his social security number (SSN) with the last three digits listed as "111" vice "666." There is no evidence of record that shows the applicant ever used an SSN with the last three digits of "111" during his period of military service. ABCMR Record of Proceedings (cont) AR20140014211 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...