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Decision Text

ARMY | BCMR | CY2008 | 20080001457
Original file (20080001457.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080001457 


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, in effect, that her last name contained in her Official Military Personnel File (OMPF) and her Certificate of Retirement be changed to read "N____."

2.  The applicant states, in effect, that she retired from the military on 1 October 2005, and was subsequently married on 22 October 2005.  She now requests that her OMPF be corrected to reflect her new legal married last name. 

3.  The applicant provides the following documents in support of her application:  Retired Reserve Certificate; Certificate of Retirement; Certification of Marriage; and Defense Finance and Accounting Service Letter, dated 18 December 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's OMPF contains an Oath of Office (DA Form 71).  This document shows the applicant was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) on 25 September 1979.  It also shows the last name she is now requesting to be changed. 

2.  The applicant's OMPF contains a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 25 October 2000, which reflects the last name she is now requesting be changed.

3.  All the official documents and orders contained in the applicant’s OMPF show the last name she now requests to be changed.
4.  The applicant provides a Certification of Marriage which shows she was married on 22 October 2005, and that she declared the surname of "O_______-N____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that her military records and Retirement Certificate be corrected to reflect her legal married last name was carefully considered.  
However, the applicant was appointed, served, and was honorably retired from the Army under the last name shown in her military records.  The fact that her last name was changed subsequent to her retirement by reason of marriage is not sufficiently mitigating to warrant changing the last name recorded in her military records.

2.  The Army has an interest in maintaining the accuracy 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 any evidence that she has actually suffered an injustice based on the name recorded on her military records and on the specific documents in question, there is appears to be no compelling reason to compromise the integrity of the Army’s records to correct her last name at this time.  

3.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her last name change, will be filed in her OMPF and provided to DFAS.  This should serve to clarify any questions or confusion in regard to the difference in her current last name and the last name recorded in his military record and satisfy her desire to have her legally changed name documented in her OMPF.

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)                                         AR20080001457



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ABCMR Record of Proceedings (cont)                                         AR20080001457



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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