IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004980
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 married name.
2. The applicant states she got married after she was discharged. When she recently applied for Department of Veterans Affairs (VA) benefits, there was some confusion over her name.
3. The applicant provides copies of her marriage license, Texas Driver 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 served honorably on active duty from 16 February 1988 through 6 June 1991 under the name D---- E-------- J-------.
3. She married on 5 March 1997, taking the name D---- J------- K------.
4. Her current Texas Driver License and social security card shows her name as D---- J------- K------.
DISCUSSION AND CONCLUSIONS:
1. All available records show she served her entire period of service under the name of D---- E-------- J-------. Her name change resulted from her marriage after she was honorably released 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.
3. While it is understandable that she now desires to record the name that she currently uses in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. A copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File to serve as a record of the legal change of her name 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 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) AR20140004980
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004980
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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