IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017592
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 to show her maiden name of Cxxxx instead of her married name of Pxxxxx.
2. The applicant states she is no longer married and, due to personal circumstances, no longer wishes to have her last name shown as Pxxxxx.
3. The applicant provides a DD Form 214 WS-Automated (DD Form 214 Worksheet).
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 25 July 2001 using her maiden name of Cxxxx. After completing initial training, she was awarded military occupational specialty 92G (Food Service Specialist). The highest rank/grade held was specialist/E-4.
3. A memorandum, dated 18 January 2006, from the 90th Personnel Services Battalion, stated a name change had been approved for the applicant. Effective that date her last name was Pxxxxx.
4. She was discharged on 5 April 2006. Her DD Form 214 shows:
* item 1 (Name), Pxxxxx, [applicant's first and middle name]
* item 18 (Remarks), other name(s) of record: Cxxxx, [applicant's first and middle name]
5. The applicant provides no documentation showing either a divorce or when it took place. Her application to the Board, however, shows the date of discovery for this issue was 15 September 2014.
6. 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. The name is to be entered as shown on the Enlisted Record Brief. However, a comparison should be made with what name is shown on the enlistment contract to ascertain whether a name change has occurred.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a document meant to reflect what is accurate at the time of separation (emphasis added). Although the applicant provides no evidence of a divorce, she implies it occurred after her discharge as the date of discovery on her application is shown as 15 September 2014 (emphasis added).
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 last name at the time of her discharge was her married last name. Her DD Form 214 does also show her maiden name as another name of record.
3. While it is understood that she desires to now record her current last name, there is not a sufficiently compelling reason for compromising the integrity of the Armys 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.
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