IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008085
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 name as "Lxxxx-Kxxxxx, Veronica Cara" vice "Lxxxx, Kxxxxx Veronica Cara."
2. The applicant states her name as written on her DD Form 214 is incorrect.
3. The applicant provides her DD Form 214 for the period ending 26 February 2005 and her DD Form 214 for the period ending 18 April 2011.
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 was appointed as a Reserve commissioned officer on 7 April 1989. Her DA Form 71 (Oath of Office - Military Personnel) listed her name as "Veronica Cara Lxxxx."
3. Her record contains a Standard Form (SF) 312 (Classified Information Nondisclosure Agreement), dated 10 February 2004, wherein she signed her name as "Veronica C. Lxxxx-Kxxxxx."
4. She provided a DD Form 214 for the period ending 26 February 2005, which shows her name listed as "LxxxxKxxxxx, Veronica Cara."
5. Her record contains a memorandum from the U.S. Army Human Resources Command (HRC), dated 20 August 2008, subject: Retention Beyond Mandatory Removal Date for [Applicant], wherein her name is listed as "Veronica C. Lxxxx-Kxxxxx."
6. On her DD Form 93 (Record of Emergency Data), digitally signed by the applicant on or about 27 January 2009, her name is listed as "Lxxxx-Kxxxxx, Veronica C."
7. Her record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 23 December 2010, which shows her name listed as "Lxxxx-Kxxxxx, Veronica C."
8. She was honorably retired on 18 April 2011. Her DD Form 214 shows he name as "Lxxxx, Kxxxxx Veronica Cara."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows her records listed her name as "Lxxxx-Kxxxxx, Veronica Cara."
2. It appears an administrative error occurred during the preparation of her DD Form 214, for the period ending on 18 April 2011, which resulted in her name being improperly listed on her DD Form 214.
3. Therefore, her DD Form 214 for the period ending on 18 April 2011 should be corrected to show her name as previously shown on her DD Form 214 for the period ending on 26 February 2005.
BOARD VOTE:
____x___ ____x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting her DD Form 214 for the period ending 18 April 2011 to show her name as listed on her DD Form 214 for the period ending 26 February 2005.
_______ _ _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.
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