RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 MAY 2004
      DOCKET NUMBER:   AR2003097446


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the last name on her 1988 separation
document be changed from “McKay” to “Sherman.”  She also asks that
completion of the Administrative Specialist Course, All-in-One Training,
and two awards of the Army Achievement Medal be added to the separation
document.

2.  The applicant states that “Sherman” was her name at the time she exited
the military and that although she was married to Mr. Ralston at the time,
she kept her maiden name.  She states that she submitted a request to have
her name changed to “Sherman” at the time she married Mr. Ralston, “but
evidently it was not processed.”

3.  She states she is receiving disability payments from the Department of
Veterans Affairs in the name of Sherman and that all of her Department of
Veterans Affairs records are in that name.

4.  She states that mistakes are part of life and corrections are
necessary.

5.  The applicant provides a copy of her marriage certificate to Mr.
Ralston, a copy of the completion certificate for the Administrative
Specialist (Correspondence) Course, copies of her All-in-One Training
Certificates, and a copy of her Department of Veterans Affairs rating
document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 June 1988.  The application submitted in this case is dated
5 September 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 27 August 1982 under her maiden name of “Sherman.”  She
successfully completed a 16 week resident Administrative Specialist Course
at Fort Jackson, South Carolina in 1983.  That training information is
reflected on her 1988 separation document.

4.  In September 1984 the applicant was awarded her first Army Achievement
Medal.

5.  In October 1984 she requested that her name be changed from “Sherman”
to “McKay” as a result of her marriage.  From that point forward, the
applicant’s name was consistently recorded as “McKay” and she authenticated
multiple documents using that name.

6.  In June 1986 the applicant was awarded her second Army Achievement
Medal, identified as the “first oak leaf cluster.”  Both of her Army
Achievement Medals are reflected on her 1988 separation document.  The
entry is recorded as “Army Achievement Medal (1st OLC)” which signifies the
award of two medals.

7.  On 21 October 1986 the applicant completed a new record of emergency
data.  On that document she indicated that her name was “McKay” and that
she was divorced.

8.  According to a “certificate of marriage,” on 20 December 1986 the
applicant married Mr. Ralston in Pierce County Washington.  The applicant
was assigned to Fort Lewis, Washington at the time.  The applicant’s last
name on the certificate of marriage is reflected as “Sherman.”  There is,
however, no indication in available records that the applicant ever
submitted a request to revert to her maiden name of “Sherman.”

9.  In June 1987 the applicant completed the Administrative Specialist
Course, a correspondence course.  Her completion notice reflects her last
name as “Sherman.”

10.  Between February 1987 and September 1987 the applicant completed
multiple hours of an All-in-One training course.  The course (a computer
based administrative system involving use of electronic messaging, files
management, calendars, etc.) was completed over the course of several 1, 2,
or 3 hour sessions and one single 8 hour session at Fort Lewis, Washington.
 The course completion certificates consistently reflect the applicant’s
last name as “McKay.”

11.  An automated Personnel Qualification Record, published on 25 February
1988 reflects the applicant’s last name as “McKay.”  An April 1988
separation physical examination reflects the applicant’s last name as
“McKay” as does an
11 May 1988 installation clearance record.  The applicant authenticated the
clearance record utilizing the name of “McKay.”

12.  On 24 June 1988 the applicant was released from active duty as a
result of an early transition program.  Her separation document, which she
authenticated, reflects the name “McKay” as does her separation orders.

13.  In 1999 the applicant submitted a request, via her congressional
representative, seeking copies of her military service record.  In her
request she indicated that the name she used during her military service
was “McKay.”

14.  In 2002 the Department of Veterans Affairs awarded the applicant
disability compensation.  Her notification letter was addressed to her as
“Sherman.”

15.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal in-service (full-
time attendance) training courses, which were successfully completed during
the period of service covered by title, length in weeks, and month and year
completed.

16.  Army Regulation 635-5 also states that a comparison should be made
between the individual’s enlistment contract and personnel qualification
record to determine if a name change has occurred prior to entering the
individual's name in item 1 on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s two awards of the Army Achievement Medal are currently
reflected on her separation document.

2.  Because neither the Administrative Specialist Course, nor the All-in-
One training course were full-time attendance courses, neither is
authorized for recording on her separation document.

3.  In spite of the fact the applicant is receiving Department of Veterans
Affairs benefits in her maiden name of “Sherman,” the evidence in records
available to the Board indicates that she continued to use the name “McKay”
following her name change request in 1984.  No error or injustice results
in the difference between her military records and her Department of
Veterans Affairs records just as no error would result if the applicant
changed her name subsequent to her separation from active duty.

4.  There is no evidence that the applicant requested that her maiden name
be restored after her marriage to Mr. Ralston or that her maiden name was
restored by any court-action.  The Army has an obligation for historical
purposes to maintain records as they were constituted at the time of
creation.  Accordingly, in the absence of more compelling evidence that an
error or injustice has occurred in this case, there is no basis to change
the applicant’s name on her separation document.

5.  However, the filing of these Board proceedings in the applicant’s
Official Military Personnel File will serve as an indication that the
applicant is now utilizing her maiden name of “Sherman.”

6.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 June 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
23 June 1991.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MM___  __RD ___  __MB___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____ Mark Manning_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097446                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040513                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |