RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050015149


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      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, in effect, that her name and address as
reflected in her records be changed to reflect her current status.

2.  The applicant states, in effect, that she is divorced and her name has
been restored to the name she used upon her enlistment in the Army.

3.  In support of her application, the applicant submits a copy of her
final judgment and decree of divorce.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve, Delayed Entry Program
(DEP) on 16 December 1975.  On the date she enlisted in the Reserve, her
last name was L***s.  At the time of her enlistment, the applicant was
married.

2.  The applicant was honorably discharged from the Reserve, DEP, on 26 May
1976 and enlisted in the Regular Army on 27 May 1976.  The applicant
continued to serve on active duty through several reenlistments and
extensions and on 7 October 1983, she was honorably discharged, in the rank
and pay grade, Specialist Five, E-5, under the provisions of Army
Regulation (AR) 635-200, Chapter 6, for hardship/dependency.  On the date
of her discharge from the Regular Army, the applicant had completed a total
of 7 years, 9 months, and 8 days active and Reserve service.  The last name
shown on the DD Form 214, Certificate of Release or Discharge from Active
Duty, the applicant was issued on her discharge date is L***s.  The mailing
address entered on the DD Form 214 is an address in Stuttgart, Germany.

3.  On 25 October 1985, the applicant enlisted in the Army Reserve.  The
last name used on enlistment documents is L***s.

4.  The applicant was provided a Noncommissioned Officer Evaluation Report
(NCOER), DA Form 2166-7, with an end date of October 1989.  The last name
shown on the DA Form 2166-7 is C*******d.  It is apparent the applicant
divorced and changed her last name; however, a review of her Official
Military Personnel File (OMPF) failed to reveal documentary evidence of a
legal name change and the reasons therefore.

5.  The applicant again reenlisted in the Reserve component for 6 years on
10 August 1991 and on 18 May 1997.  The last name used on the reenlistment
documents filed in her OMPF for each of these reenlistments is C*******d.
6.  On 26 November 1998, the applicant was provided a memorandum from the
US Army Personnel Command, St. Louis, Missouri, Subject:  Notification of
Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  The name shown
on this memorandum addressed to the applicant is C*******d.  This
memorandum was sent to the applicant to an address in Aurora, Colorado.

7.  The applicant was provided an NCOER with an end date of February 2000.
The last name shown on this NCOER is B***t.  It is apparent that the
applicant married and changed her name to that of her husband.

8.  On 25 February 2005, the applicant was released from duty because of
physical disability incurred as a result of injury while entitled to
receive basic pay. She was placed on the Temporary Disability Retired List
(TDRL), on 6 March 2005, in the rank and pay grade, Sergeant First Class, E-
7, and with the last name of, B***t.  On the date she was placed on the
TDRL, the applicant was serving with the 718th Engineer Company, Fort
Benning, Georgia.

9.  The applicant and her husband were given a final judgment and decree of
divorce by the Muscogee Superior Court, Muscogee County, Columbus, Georgia,
on 22 September 2005.  The applicant's last name was restored to, L***s, in
the divorce.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation and distribution of the DD Form 214
and other separation documents.  Separation documents provide service
members with a record of their military service, the Army with a source of
information for administrative purposes, and Governmental agencies with an
authoritative source of information for administering Federal and State
laws pertaining to veterans.  The DD Form 214 is a brief, clear-cut record
of a veteran's Army service at the time of release from active duty,
retirement or discharge and is extracted directly from those documents
which are authorized for file in their service personnel, medical and
financial data files.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was married and used
the last name, L***s, at the time of her initial enlistment in the US Army
Reserve, DEP.

2.  When the applicant enlisted in the Regular Army on 27 May 1976, she
used the same last name, L***s.

3.  The applicant continued to serve on active duty through several
reenlistments and extensions.  On 7 October 1983, she was honorably
discharged from the Regular Army.  The last name shown on the DD Form 214
she was issued on her discharge date is L***s.  The mailing address entered
on the DD Form 214 is an address in Stuttgart, Germany.

4.  The evidence of records shows that on 25 October 1985, the applicant
enlisted in the Army Reserve.  The last name used on enlistment documents
is L***s.

5.  The evidence show that at the end of October 1989, the applicant had
changed her name to C*******d.  There is no documentary evidence in the
OMPF of the applicant's legal name change.  The evidence surfaced from a
review of documents in the applicant's OMPF and in particular, the last
name shown on NCOERs she was provided after October 1989.

6.  In addition to the above, the applicant reenlisted in the Army Reserve
on 10 August 1991 and on 18 May 1997.  The last name used on reenlistment
documents filed in her OMPF for each of these reenlistments is C*******d.

7.  On 26 November 1998, the applicant was provided a "Twenty Year Letter,"
which served as notice that she was eligible to receive reserve retired
pay, on application, when she reaches age 60.  This letter was sent to the
applicant to an address in Aurora, Colorado.  The last name used in this
notice is C*******d.

8.  At the end of February 2000, the applicant was provided an NCOER.  The
last name shown on this NCOER is B***t.  It is apparent that the applicant
married and changed her name to that of her husband.  There is no
documentary evidence in her OMPF of an approved legal name change.

9.  The applicant and her husband were given a final judgment and decree of
divorce by the Muscogee Superior Court, Muscogee County, Columbus, Georgia,
on 22 September 2005.  The applicant's last name was restored to, L***s, as
a part of the divorce.

10.  The evidence shows that at the time of the applicant enlistment and
discharge from the Regular Army, her last name was L***s.

11.  The evidence further shows that the applicant enlisted in the Reserve,
her last name was L***s and when she was placed on the TDRL, her last name
was B***t.    The evidence also shows that in the intervening years, she
had two other last names that are a matter of record in her OMPF.

12.  The applicant's desire to have her Army records changed is
acknowledged, but there is an insufficient basis for compromising the
integrity of the Army's records.  The Army has an interest in maintaining
the accuracy of its records for historical purposes.  The data contained in
those records should reflect the conditions and circumstances that existed
at the time the records were created, and in the absence of a showing of
material error or injustice, there is little basis for recommending that
the records be changed.

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

14.  The applicant is advised that a copy of this Record of Proceedings
will be placed in her OMPF so a record of her changes of name will be on
hand.  This Record of Proceedings will serve as a summarized record of
changes of name that the applicant has experienced while she has served in
the Reserve, the Regular Army, and on the TDRL.  The applicant is advised
to keep those official agencies (Federal, State, and others) with whom she
regularly conducts business apprised of any address change she may
experience in the future.  In addition, it is important that notification
be made immediately of any name change with those agencies that have a
fiduciary responsibility to her as well as those to whom she has a
fiduciary responsibility.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LD_____  __AR __  __PMT___   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.




                                  ____Allen L. Raub _________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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