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ARMY | BCMR | CY2014 | 20140005078
Original file (20140005078.txt) Auto-classification: Denied

	

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140005078 

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 the name on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states her name has been legally changed and she would like that reflected on the DD Form 214.

3.  The applicant provides a copy of the court order approving her name change. 

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in the Regular Army from 23 February 2006 through 29 September 2012 under the name of Laia Marguerite B------.  She was honorably separated as a sergeant (pay grade E-5) due to physical disability retirement.

2.  The Dekalb County (Georgia) Superior Court order that she submitted in support of her request shows that the name change to Jabari Khalil B------was officially approved on 10 December 2013.

3.  Army Regulation 635-5 at the time prescribed the separation documents to be 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.  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.  The name change occurred after separation from active duty.  She provides no reason to explain the need for a name change now.

2.  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 that those records be changed.  While it is understandable the applicant desires the military records to reflect the current name, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document will be filed in the Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in the military record and that is currently in use.

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)                                         AR20140005078





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ABCMR Record of Proceedings (cont)                                         AR20140005078



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