RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2007
DOCKET NUMBER: AR20070009093
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry C. Bergquist
Member
Mr. Dale E. DeBruler
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 correction of her last name in Item 1 (Name) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "M****w" instead of "F****r."
2. The applicant states that her last name was changed due to divorce.
3. The applicant provided a copy of her DD Form 214, Retired Identification Card, Texas Drivers License, Social Security Card, Department of Veterans Affairs Card, Marriage License, Final Decree of Divorce, Enlisted Evaluation Report, Army Achievement Medal Certificate, and Certificate of Court Reporting Course completion in support of her application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show that she enlisted in the Regular Army under her last name "M****w" on 3 July 1975 for a period of 3 years. She later had a series of extensions and/or reenlistments, all under this same last name.
3. The applicant's records further show that on 26 February 1981 she was married and requested her last name be changed from "M****w" to "F****r". She further reenlisted in the Regular Army under her new last name.
4. On 29 August 1996, the applicant was divorced.
5. The applicant was honorably retired by reason of permanent disability on
6 September 1996. The DD Form 214 she was issued at the time of her retirement shows her last name as "F****r" and she authenticated the form using the signature "F****r".
6. There is no indication in the applicant's records and she has not provided any evidence to show that she requested a name change upon her divorce.
7. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.
8. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that her military records be corrected to show her last name as "M****w" instead of "F****r."
2. Evidence of record shows she enlisted and served under the name "M****w" during the period 3 July 1975 (initial enlistment) through 26 February 1981 (date of marriage). Evidence of record further shows that she served under the name "F****r" during the period 26 February 1981 (date of marriage) through 6 September 1996 (date of discharge). Therefore, the Army records are consistent with the applicant's name at that time.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
4. A copy of this decisional document, along with her application will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different names and adequately document her last name in her record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __lcb___ __ded___ 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.
Margaret K. Patterson
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070009093
SUFFIX
RECON
DATE BOARDED
20071115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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