IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140011934 


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 (Report of Separation from the Armed Forces of the United States) to show her:

* full name as Margery Wa---s instead of Marlene Wr---t
* date of birth (DOB) as something other than XX October 1931

2.  The applicant states she is her mother's second daughter.  Marlene (whose name is shown on the DD Form 214) is her oldest sister.  When she graduated from high school, she wanted to serve her country.  She used her sister's name and DOB to do so.  She is old now and cannot travel; but if the Board wishes to send a representative, her door is open.

3.  The applicant provides:

* a photograph 
* a DD Form 214
* Special Orders Number 3
* Bachelor of Arts diploma 

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed her records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows she enlisted in the Regular Army – Women's Army Corps and entered active duty in Jacksonville, FL, on 15 January 1952.  Her enlistment contract, which would have shown the full name and DOB she used upon her enlistment, is not available for review with this case.

4.  Her DD Form 214 shows she was honorably released from active duty on 14 January 1954.  Item 1 (Last Name, First Name, Middle Name) of her DD Form 214 shows the name "Wr---t Marlene Dorothy" and item 10 (DOB) shows the date "XX October 1931."  

5.  She provides:  

	a.  A photograph of a young lady. 

	b.  SO Number 3, issued by Headquarters Transfer Point, Fort Benning, GA, awarding various Soldiers, including Corporal Marlene D. Wr---t, the Army Good Conduct Medal, and authorizing her travel to Jacksonville, FL. 

	c.  A diploma, issued by Florida Agricultural and Mechanical College, awarding Marlene Wr---t a Bachelor of Arts on 2 June 1952. 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states that 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 applicant's enlistment record is not available for review with this case.  It is unclear what name and DOB she used upon her enlistment at the time.  However, her DD Form 214 shows her full name as Marlene Wr---t and her DOB as XX October 1931.

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, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record a different name and/or a different DOB in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  There is no evidence that suggests the applicant would suffer any injury or injustice as a result of the Army maintaining its records with the name and DOB under which she primarily served.  Nevertheless, a copy of this decisional document along with her application 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 and DOB recorded in her military record and to satisfy her desire to have her current name and DOB documented in her OMPF.

4.  Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed the applicant's military service records, including the DD Form 214, were correct at the time they were prepared and there is insufficient evidence to grant her relief in this case.  

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)                                         AR20140011934



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ABCMR Record of Proceedings (cont)                                         AR20140011934



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