IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140011870
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 name be changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
1 October 2007.
2. The applicant states a legal name change was obtained in a Denton County, TX court.
3. The applicant provides Denton County Court Order 14-01926-16, dated
19 March 2014.
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. She previously completed 4 years of active service in the Regular Army (RA). On 29 June 2004, she enlisted in the RA for 3 years. On 4 May 2005, she immediately reenlisted for 3 years. The name under which the applicant enlisted and reenlisted is the same on DD Forms 4 (Enlistment/ Reenlistment Document, Armed Forces of the United States) dated 29 June 2004 and 4 May 2005.
3. All documents throughout the applicant's official military personnel file (OMPF) reflect the same name as shown on her DD Forms 4.
4. On 1 October 2007, she was discharged due to disability with severance pay. The DD Form 214 issued at that time shows the same name shown on the
DD Forms 4 and throughout her OMPF.
5. A Final Order Changing the Name of an Adult, dated 19 March 2014, from the Denton County Court changed the applicant's name to a name other than what is shown on her DD Form 214.
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. All documents in the applicant's OMPF, including the DD Forms 4 and the DD Form 214, show the same name. A name change was not ordered until 2014, over 6 years after the applicant's release 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. While it is understandable the applicant desires to now record the legal name in military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in the applicant's OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in the applicant's military record and the name now used.
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) AR20140011870
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ABCMR Record of Proceedings (cont) AR20140011870
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