IN THE CASE OF:	 

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002830 


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, in effect, that she be issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) based on the information that is contained on her DD Form 215 (Correction to DD Form 214), that her last name be changed to her maiden name, and a personal appearance hearing.

2.  The applicant states, in effect that:

* she was issued a DD Form 215 to correct errors on her DD Form 214; however, it was not incorporated into her original DD Form 214 (which corrected her reason for separation from “Personality Disorder” to “Directed By Secretary Of The Army”)
* she was given the statement of a neutral discharge with benefits due to the limitations with coding for an honorable discharge
* she agreed to a neutral separation
* she deserves the honor and respect

3.  The applicant provides:

* A DD Form 293 (Application For The Review Of Discharge from the Armed Forces of the United States)
* A DD Form 215




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.  On 30 September 1986, the applicant enlisted with her maiden name in the Regular Army.  After initial training, she was awarded military occupational specialty (MOS) 91A (Medical Specialist).  

3.  On 26 June 1987, the applicant was honorably discharged.  She had completed 8 months and 27 days of active duty service.

4.  Her DD Form 214 shows:

* item 1 (Name (Last, First, Middle)) – D_____, T____ L______
* item 25 (Separation Authority) – “AR 635-200, PARA 5-13”
* item 26 (Separation Code) – “JFX” 
* item 27 (Reenlistment Code) – “RE-4”
* item 28 (Narrative Reason For Separation) – “PERSONALITY DISORDER”     

5.  The applicant applied to the Army Discharge Review Board (ADRB) to correct her DD Form 214.  On 3 February 1989, the ADRB granted her request.

6.  On 2 February 1989, the applicant was issued a DD Form 215 correcting her DD Form 214 to read:

* item 25 – “CHAPTER 5 SECTION II AR635-200”
* item 26 – “JFF”  (Secretarial Authority)
* item 27 – “RE-3”
* item 28 – “DIRECTED BY SECRETARY OF THE ARMY”

7.  The applicant, in effect, states that she should receive a new DD Form 214 with the corrected entries, and that her maiden name should be listed on her 
DD Form 214 vice her married name.  

8.  Army Regulation 635-5 (Separation Documents) provides that corrections identified in the shaded areas of the DD Form 214 (which includes items 25, 26, 27, and 28) subsequent to the Soldier's departure from the transition center or the distribution of the DD Form 214 may only be made by issuing a DD Form 215.

9.  Army Regulation 635-5 states, in pertinent part, that a DD Form 214 may be reissued only when:

	a.  Directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  It is determined that the corrections to be made will not fit within the correction block of a single DD Form 215;

	c.  Two DD Forms 215 have been issued and an additional correction is required; or

	d.  The character of service is to be changed.

10.  Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record.  It is not an investigative body. The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a personal appearance hearing was carefully considered; however, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record, including independent evidence she provided, is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

2.  Upon the applicant's release from active duty she was issued a DD Form 214 that reflected correct information, at that time, for items 25, 26, 27, and 28.  However, pursuant to her request, the ADRB changed items 25, 26, 27, and 28.   Therefore, on 2 February 1989, she was issued a DD Form 215 with the appropriate changes.  

3.  The corrections made to the applicant's DD Form 214 fit in the correction block of a single DD Form 215, more than two DD Form 215's have not been issued, and the applicant's character of service is not being changed.  Therefore, it was not appropriate to reissue a DD Form 214.

4.  At the time of the applicant’s discharge from active duty service, it appears that she was married, and she did not provide any evidence to show she divorced prior to her discharge.  Furthermore, she signed her last name as D_____ on her DD Form 214 at the time of her discharge.  In the absence of evidence showing otherwise, it must be presumed that she used her married last name during most of the period that she served.

5.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  It is understandable the applicant desires to record her maiden last name in her military records as it is shown on her enlistment contract; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

6.  This Record of Proceedings will be filed in her military record.  This will provide clarity and deal with any confusion that might arise regarding the difference in her last names.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the last name under which she served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  _______  __________ DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief as a matter of equity.  Although, the applicant is not entitled to have a new DD Form 214 issued to her with the changes in her 
DD Form 215, the Board believes the intent of the ADRB was to remove perceived negative information regarding her “personality disorder” from her DD Form 214.  Therefore, as an exception to policy, the Board recommends reissuing the applicant a DD Form 214 with the appropriate changes as stated in her current DD Form 215.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her last name.  


      
      _______ _   _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)                                         AR20090000176



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ABCMR Record of Proceedings (cont)                                         AR20150002830



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