IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140019200 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her maiden name of M____ instead of her married name of S_____.

2.  The applicant states she divorced on 16 August 2013 and she was awarded her previous last name.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 July 1992 using her maiden name of M____.  

2.  The applicant provides a copy of her Separation Agreement which states the applicant married R______ S_____ on 1 April 2006.

3.  Her records do not contain a DA Form 4187 (Personnel Action) requesting a name change; however, her records contain numerous documents beginning in October 2006 which list her last name as S_____.  

4.  On 31 October 2012, the applicant retired honorably.  The DD Form 214 she received lists her last name as S_____.

5.  The applicant provides a copy of her divorce decree which shows she was authorized to resume use of the prior surname of M____ effective 16 August 2013.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  The name is to be entered as shown on the Enlisted Record Brief.  However, a comparison should be made with what name is shown on the enlistment contract to ascertain whether a name change has occurred.  

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a document meant to reflect what is accurate at the time of separation (emphasis added).  Although the applicant provides evidence of a divorce, it occurred after her retirement from service (emphasis added).

2.  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.  Absent convincing independent and verifiable evidence to the contrary, it is evident that the applicant's last name at the time of her discharge was her married last name.  

3.  While it is understood that she desires to now record her current last name, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  There appears to be no error pertaining to the applicant's last name at the time of her retirement.  Therefore, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140019200





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ABCMR Record of Proceedings (cont)                                         AR20140019200



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