BOARD DATE:	  24 February 2011 

		DOCKET NUMBER:  AR20100021297 


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 records to show her last name as “S_____t” instead of “McD_____t” due to her recent marriage on 1 August 2009.  

2.  She states her last name has changed and she would like the records to be accurate for the military.  

3.  She provides a copy of her marriage certificate and DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1999.  

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 2 May 1978 and was discharged on 4 January 1988.  Her DD Form 214 for the period ending 4 January 1988 shows her last name as “McD_____t.”  

3.  She enlisted in the Army National Guard on 5 January 1988 and was ordered to active duty on 20 June 1988.  She continued to serve on active duty until she retired on 31 October 1999.  Her DD Form 214 for the period ending 31 October 1999 and NGB Form 22 (National Guard Bureau, Report of Separation and Record of Service) show her last name as “McD_____t.”

4.  All of the documents in her service personnel records show her last name as “McD_____t.  

5.  She provided a copy of her marriage certificate which shows she married W.D. S_____t on 1 August 2008.  

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.

2.  The applicant’s service personnel records show her last name as “McD_____t.”

3.  Although she was married on 1 August 2008 and her last name changed to “S_____t,” she served in the military and retired from the military using the last name of “McD_____t.”  While her desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in her military records so that a record of the name she is currently using will be on hand.

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)                                         AR20100021297





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ABCMR Record of Proceedings (cont)                                         AR20100021297



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