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ARMY | BCMR | CY2014 | 20140014365
Original file (20140014365.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140014365 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by removing her former married last name of Hxxxxxx and replacing it with her current married last name of Kxxxxx.  She also requests her address be corrected to show where she currently lives.

2.  The applicant states, in effect, since leaving the Army she divorced and remarried.  Additionally, she moved to a new address in the same State, which is 6304 Ixxxxxxx Court, Axxxx.

3.  The applicant provides a divorce decree and a marriage 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 enlisted in the Regular Army on 20 August 2002.  After completing initial training, she was awarded military occupational specialty 88H (Cargo Specialist).  Her last name on entering active duty was Sxxxxxx.  At some point during her enlistment she married and her last name was changed to Hxxxxxx.

3.  On 19 August 2005, she completed her enlistment and was honorably released from active duty.  Her DD Form 214 shows she completed 3 years of creditable net active service.  Her last name is shown as Hxxxxxx.  Her mailing address is shown as 314 Pxxxxxx Avenue, Sxxxx Cxxx.

4.  The applicant provides a divorce decree, dated 8 August 2006, which shows she no longer has the last name of Hxxxxxx.  Also provided is a marriage certificate, dated 23 February 2014, showing her new married last name is Kxxxxx.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  Mailing address after separation and nearest relative are provided by the Soldier at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a document meant to reflect what is accurate at the time of separation.  All evidence provided by the applicant is dated after she was released 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.  Absent convincing independent and verifiable evidence to the contrary, it must be presumed that the applicant's mailing address and her married last name were correct at the time. 

3.  While it is understood that she desires to now record her current married last name as well as her current address, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  Therefore, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140014365





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ABCMR Record of Proceedings (cont)                                         AR20140014365



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