IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005449
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 her last name on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2006 be changed to Hitti.
2. The applicant states she has remarried since her retirement.
3. The applicant provides her Application, License and Certificate of Marriage from the State of North Carolina.
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. U.S. Total Army Personnel Command (now known as U.S. Army Human Resources Command (HRC)) Orders A-09-300872, dated 10 September 2003, ordered her to active duty effective 1 October 2003 in the rank of sergeant first class. The orders identify her with the last name Vxxx Exxx.
3. HRC Orders 313-20, dated 8 November 2004, promoted her to the rank of master sergeant. The orders identify her with the last name Vxxx-Exxx.
4. On 30 September 2006, she was retired after completing 20 years, 2 months, and 15 days of active service and placed on the Retired List the following day. Her DD Form 214 with a separation date of 30 September 2006 shows her last name as Vxxx Exxx. Her DD Form 214 states other name(s) of record include the last names of Mxxx, Sxxx, and Exxx.
5. The marriage certificate she provided shows she married F___ T_____ Hxxx on 1 November 2013.
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.
2. Her orders to active duty, orders for promotion, and DD Form 214 show her last name as Vxxx Exxx. She did not get married and change her last name until after her retirement. While her desire to have her military records changed is understood, an official name change due to marriage 7 years after her retirement does not justify changing a DD Form 214 issued on 30 September 2006.
3. 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. While it is understandable the applicant desires to now record her legal name in her military
records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms her legal name, will be filed in her official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her legal name documented in her OMPF.
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) AR20140005449
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ABCMR Record of Proceedings (cont) AR20140005449
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