BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019428 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 14 November 1986 to show her:

* last name as T___y vice McC_______r
* rank/grade as specialist (SPC)/E-4 vice private (PV2)/E-2

2.  The applicant states when she was on active duty her last name was McC_______r and her married name is now T___y.  At the Identification (ID) Card Office, Fort Worth, TX, she was informed that her grade was E-4; however, her DD Form 214 shows her grade as E-2.  

3.  The applicant provides her DD Form 214 for the period ending 14 November 1986 and a Department of Defense (DoD) Uniformed Services ID Card.

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.  Having had prior active service as a member of the U.S. Army Reserve (USAR), the applicant enlisted in the USAR Delayed Entry Program (DEP) on 9 April 1986 and she was discharged from the DEP on 8 May 1996.

3.  She enlisted in the Regular Army (RA) in the rank/grade of private (PV1)/E-1 on 9 May 1986.  Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 9 May 1986 shows her last name as McC_______r and entry grade as E-1.  She authenticated this form by placing her signature in the appropriate block with her last name as McC_______r.

4.  She was assigned for advanced individual training (AIT) to A Company, 1st Battalion, Fort Belvoir, VA.  She was promoted to the rank/grade of PV2/E-2 on 1 July 1986.  The DA Form 4187 (Personnel Action), dated 11 June 1986, approving this promotion shows her last name as McC_______r.

5.  On 24 August 1986, she was assigned to the 46th Engineer Battalion, 1st Aviation Brigade, Fort Rucker, AL.  Her record contains numerous orders, personnel, legal, and medical documents that all show her last name as McC______r. 

6.  Her DA Form 2A (Personnel Qualification Record), dated 7 November 1986, shows her last name as McC______r and her rank as PV2.

7.  On 13 November 1986, the separation authority approved her separation under the provisions of Army Regulation 635-200 (Personnel Separations -Enlisted Personnel), chapter 5.  The chapter packet shows her last name as McC______r and her rank as PV2.

8.  Orders 220-152, dated 14 November 1986, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, reassigned her to the U.S. Army Separation Transition Point, Fort Rucker, on 14 November 1986 for discharge from active duty on 14 November 1986.  These orders show her last name as McC______r and her rank as PV2.

9.  She was honorably discharged from active duty on 14 November 1986.  The DD Form 214 she was issued for this period of service shows the following entries in:

* item 1 (Name (Last, First, Middle)) - her last name as McC______r
* item 4a (Grade, Rate or Rank) - PV2
* item 4b (Pay Grade) - E2

10.  Her record is void of any evidence that shows she was ever promoted to the rank/grade of private first class (PFC)/E-3 or SPC/E-4 while serving on active duty.

11.  The applicant provides a DoD ID Card, undated, wherein it shows her last name as T___y and her status/grade as "DAVPRM/E4" which stands for Disabled American Veteran Permanent/E4.  The card shows she is authorized patronage at military exchanges; commissaries; and Morale, Welfare and Recreation activities. 

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  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 evidence of record confirms when the applicant enlisted in the RA she listed her last name as McC_______r, and this is the last name she used throughout her active duty service.

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty.  There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired after the Soldier's release from active duty.  Her DD Form 214 correctly shows her last name as McC______r, the name she held at the time she was discharged from active duty on 14 November 1986.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s name in this case.  However, a copy of this Record of Proceedings will be filed in her military records to explain the difference between her current last name and her name of record.

4.  With respect to her rank, the evidence of record confirms the applicant attained the rank of PV2/E-2 on 1 July 1986 and this is the rank/grade she held at the time of her discharge from active duty on 14 November 1986.  Her rank/grade is correctly reflected on her DD Form 214; there is no evidence of an error.

5.  In view of the foregoing, she is not entitled to the 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)                                         AR20140019428



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ABCMR Record of Proceedings (cont)                                         AR20140019428



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