IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016835
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 records to show her name change.
2. The applicant states she legally changed her first name from "L____" to "N___" on 16 May 1989. She was misinformed at the time she made the name change about her ability to have her records corrected. The failure to have her new first name on her records affects her benefits.
3. The applicant provides a copy of her:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* DA Form 4187 (Personnel Action) showing her request to change her last name due to marriage
* DA Form 2496 (Disposition Form), dated 18 July 1984, showing approval of the change in her last name
* social security card and pages from her U. S. passport
* Name Change Order, Superior Court, State of Arizona, County of Pima, dated 16 May 1989
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. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 19 February 1981, shows the applicant enlisted in the U.S. Army Reserve (USAR) using the first name "L____."
3. She entered active duty for training (ADT) on 23 February 1981 and she was released from ADT on 24 October 1981. Her DD Form 214 shows her first name as "L____."
4. She was discharged from the USAR on 18 February 1987.
4. The applicant provides a document showing she legally changed her first name to "N___" on 16 May 1989.
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant enlisted and served on active duty using the first name of "L____."
2. She provides a court document showing she changed her first name to
"N___" effective 16 May 1989, which is nearly 8 years after her release from ADT and more than 2 years after she was discharged from the USAR.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it might be understandable that the applicant now desires the record to show her current name, in the absence of a showing of material error or injustice there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document 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 in her military record and to satisfy her desire to have her legally changed first name shown in her OMPF.
5. In view of the above, the applicant's request should be denied.
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 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) AR20100023544
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ABCMR Record of Proceedings (cont) AR20140016835
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