RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070015607
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that her last name be corrected on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that she enlisted under her maiden name, that she was married while in advanced individual training, and that her marriage was annulled prior to her discharge. She would like her maiden name be put on her DD Form 214.
3. The applicant provides a copy of the dissolution decree and a copy of her DD Form 214.
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 applicants enlistment contract shows the last name F___. She enlisted on 23 April 1993 for a period of 3 years and trained as a Patriot missile crewmember.
3. The applicants records show that she was married on 11 September 1993 and that on 15 September 1993 she requested that her last name be changed to A___ on all of her official military records.
4. The applicant provided documentation, dated 4 March 1994, from her lawyer which states that a decree of dissolution of marriage was filed on 21 January 1994.
5. On 11 May 1994, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.
6. Item 1 (Last, First, Middle) on the applicants DD Form 214 shows the last name A___.
7. There is no evidence of record which shows the applicant requested through military channels to change her name on her official military records prior to her discharge on 11 May 1994.
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. It 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 Soldier's 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. Evidence shows that she was married on 11 September 1993 and that on
15 September 1993 she requested that her last name be changed from F___ to A___ on all of her official military records. However, there is no evidence of record which shows the applicant requested through military channels to change her name back to her maiden name on her official military records prior to her discharge on 11 May 1994. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records, in particular, the applicants DD Form 214. Therefore, there is insufficient evidence on which to amend the applicants name on her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
PM_____ __JH____ __KJ____ 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.
__ PM_____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070015607
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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