IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140005728 


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) ending on:

* 20 February 1994, by changing her name from "Ta--y L--gh B--tt" to 
"Ta---ra Sa----a K------h W--ms" 
* 3 June 1998, by changing her name from "Ta--y L--gh M--y" to 
"Ta---ra Sa----a K------h W--ms"

2.  The applicant states she needs her 1994 and 1998 DD Forms 214 to match her current name. 

3.  The applicant provides copies of a letter from the Department of Veterans Affairs (VA), two DD Forms 214, a passport, a VA medical card, and a driver license. 

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's records show she enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 27 November 1989.  Her DD Form 4 (Enlistment/Reenlistment Document) listed her full name (First, Middle, Last) as "Ta--y L--gh S--le."  She signed this contract and allied documents using this name.  

3.  She was discharged on 20 February 1990 and she enlisted in the Regular Army (RA) on 21 February 1990.  When she was sworn in, she also signed the confirmation of enlistment using this name.  Her DA Form 2-1 (Personnel Qualification Record) which was created upon her entry on active duty listed her full name as "Ta--y L--gh S--le."  

4.  On 29 August 1990, she submitted a DA Form 4187 (Personnel Action) and requested a name change from "Ta--y L--gh S--le" to "Ta--y L--gh B--tt." Her request was approved and her personnel records were updated to reflect this new last name. 

5.  All personnel documents in her service record - after the approved name change - reflected her last name as "B--tt." 

6.  She was honorably released from active duty on 20 February 1994.  Item 1 (Name (Last, First Middle)) of her DD Form 214 for this period of service listed her last name as "B--tt" and her first/middle names as "Ta--y" and "L--gh." She authenticated this form with her signature using this same name. 

7.  She again enlisted in the RA on 10 May 1995.  Her DD Form 4 for this period of enlistment listed her full name (First, Middle, Last) as "Ta--y L--gh B--tt."  She signed this contract and allied documents using this name.  Her DA Form 2-1 which was updated upon her reentry on active duty listed her full name as "Ta--y L--gh B--tt."  

8.  On 20 November 1995, she submitted a DA Form 4187 and requested a name change from "Ta--y L--gh B--tt" to "Ta--y L--gh M--ry."  Her request was approved and her personnel records were updated to reflect this new last name. 

9.  All personnel documents in her service record - after the approved name change - reflected her last name as "M--ry." 

10.  She was honorably discharged from active duty on 3 June 1998 by reason of disability.  Item 1 of her DD Form 214 for this period of service listed her last name as "M--ry" and her first/middle names as "Ta--y" and "L--gh."  This DD Form 3214 also indicated in item 18 (Remarks) that during her active duty service (this period) she used the last name "B--tt."  She authenticated this form with her signature using the last name as "M--ry."  

11.  She provides: 

	a.  A letter, dated 26 December 2013, from the VA regarding a summary of her benefits and a copy of her VA medical card.  The letter is addressed to the name "Ta---ra L--is" and the VA medical card reflects this name. 

	b.  A copy of her U.S. Passport, issued on 21 August 2013, and reflecting the name "Ta---ra Sa----a K------h" (the requested name).

	c.  A copy of her State driver license, issued on 6 August 2013, reflecting her name as "Ta---ra Sa----a K------h" (the requested name).

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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.  During her first period of service (21 February 1990 to 20 February 1994): 

	a.  The evidence of record shows upon her enlistment in the DEP in November 1989 and the RA in February 1990, the applicant used the full name (First, Middle, Last) as "Ta--y L--gh S--le."  After she entered active duty, she requested a name change.  Once approved, her records were updated to reflect her last name as "B--tt."  

	b.  This last name is consistent with the last name on all documents in her service record during her first period of enlistment.  She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct.  There is no evidence she used the requested name she currently uses at any time during her first period of enlistment.  

2.  During her second period of service (10 May 1995 to 3 June 1998): 

	a.  She reentered the Army on 10 May 1995.  She used the full name (First, Middle, Last) as "Ta--y L--gh B--tt."  However, shortly after she reentered active duty, she requested a name change.  Once approved, her records were updated to reflect her last name as "M--ry."  

	b.  This last name is consistent with the last name on all documents in her service record during her second period of enlistment.  She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct.  There is no evidence she used the requested name she currently uses at any time during her second period of enlistment.  

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 a different full name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

4.  Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including both of her DD Forms 214, were correct at the time and there is no reason to change them.  In view of the foregoing, she is not entitled to the requested relief. 

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)                                         AR20140005728



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ABCMR Record of Proceedings (cont)                                         AR20140005728



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