BOARD DATE:  	  4 August 2015

		DOCKET NUMBER:  AR20150000764


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 last name as 
"Wxxxxx" instead of "Hxxxxx."  

2.  The applicant states her request is a result of her divorce. 

3.  The applicant provides a copy of her divorce decree.

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 24 May 2001.  Item 1 (Name (Last, First, Middle)) of her DD Form 4 (Enlistment /Reenlistment Document – Armed Forces of the United States) shows her last name as "Wxxxxx."  

3.  She entered active duty, completed her initial entry training, and was awarded military occupational specialty 68K (Medical Laboratory Specialist).  She served in numerous positions of increased responsibility, through multiple periods of reenlistment, and attained the rank/grade of sergeant/E-5.

4.  She was married on or about 1 April 2010, at which time her last name was changed to "Hxxxxx."

5.  She was honorably retired from the Army on 20 August 2012, by reason of permanent disability.  

* Block 1 (Name (Last, First, Middle)) of her DD Form 214 contains the entry "HXXXXX, EXXXX JXXXXX"
* Block 18 (Remarks) of her DD Form 214 contains the entry "//BLOCK 1: OTHER NAME(S) OF RECORD:  EXXXX JXXXXX WXXXXX, EXXXX JXXXXX BXXXX//

6.  The documents contained in her official military personnel file identify her by both the requested and contested last names, since she served under both.

7.  She provides her divorce decree, which shows her divorce was granted on   12 July 2013.  As a part of her divorce proceedings, her request for last name change was also granted, which changed her last name back to "Wxxxxx."

8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  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.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served under both the requested and contested last names during her period of active military service.  

2.  She was honorably retired on 20 August 2012, prior to the date her divorce was granted.  Block 1 of her DD Form 214 reflects her last name as it existed at the time of her retirement; however, both last names appear on her DD Form 214.  

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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that she now desires to record her current last name throughout her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed her military service records were correct at the time and there is insufficient evidence to grant relief in this case.

5.  If the applicant seeks correction of her retired pay records to show her current name, she is advised that a retired service member can request a change to their official military records at any time.  Such changes include information such as name, social security number, date and/or place of birth.  She may submit her request in letter format or on a Standard Form 180 (Request Pertaining to Military Records), together with supporting evidence, to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.

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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20150000764



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