BOARD DATE:   15 November 2012

		DOCKET NUMBER:  AR20120008745


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 change. 

2.  The applicant states she changed her last name from C____ to M____, which was her maiden name.  

3.  The applicant provides a copy of her Commonwealth of Massachusetts Trial Court Probate and Family Court Document showing her last name was changed to M____ on 2 April 2012.

CONSIDERATION OF EVIDENCE:

1.  The applicant retired on 30 November 2001.  The last name recorded on her DD Form 214 (Certificate of Release or Discharge from Active Duty) is shown as C____.

2.  The applicant provided a document showing she legally changed her last name to M____, effective 2 April 2012.
 
3.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.



DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant changed her last name on 2 April 2012, which was subsequent to her 30 November 2001 retirement.

2.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name she served under.  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.  While it might be understandable that the applicant now desires the record show her current last name, in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

3.  The applicant is advised that a copy of this decisional document will be filed in the Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the last name in her military record and to satisfy her desire to have her current last name shown in the AMHRR.

4.  If it is the applicant's retired pay records that she wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide valid and officially authenticated supporting documentation to the:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, requesting they approve her name change and inform DFAS when it has been approved.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20100023544



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ABCMR Record of Proceedings (cont)                                         AR20120008745



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