IN THE CASE OF:	  

		BOARD DATE:	  4 DECEMBER 2008

		DOCKET NUMBER:  AR20080005993 


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 the last name shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her maiden name.

2.  The applicant states, in effect, that her marriage was dissolved on 7 August 1985 and use of her maiden name as her last name was restored to her.  She also states that her past attempts to have this corrected received no response.

3.  In support of her application, the applicant provides copies of her DD Form 214 and her Circuit Court Decree of Dissolution and Judgment and Decree Order.  

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 applicant’s 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 applicant’s 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 military record shows that she enlisted in the Army Delayed Entry Program (DEP) on 3 September 1980.  She was separated from the DEP and enlisted in the Regular Army (RA), in pay grade E-1, on 15 July 1981.  At the time of her enlistments in the DEP and RA, she enlisted under the last name of J*****n.

3.  The applicant was honorably released from active duty, in pay grade E-4, on 14 July 1985.  She was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  Item 18 (Remarks) of her DD Form 214 shows “OTHER NAME OF RECORD: J******, A****.”  The applicant placed her signature, using the last name W******s, in Item 21 (Signature of Member Being Separated) to indicate that the information recorded on the DD Form 214 was correct/complete to the best of her knowledge.

4.  The applicant submitted a copy of her Circuit Court Judgment and Decree Order, dated 7 August 1985, which shows she was granted dissolution of her marriage and restoration of the use of her maiden name as her last name on that date.  

5.  The applicant's records contain a DA Form 4187 (Personnel Action) that she completed on 25 September 1985.  The applicant stated on this form that she was granted a divorce from D****** W******* on 7 August 1985.  She requested that the last name shown on all of her official records be changed from W******* to J******.  

6.  The applicant was discharged from the USAR on 14 July 1987.  Her discharge document shows the last name of J******.

7.  The military documents that are on file in the applicant’s Official Military Personnel File show that the applicant served under the last name of J****** until sometime in 1984 and then served under the name of W******* up until her release from active duty in 1985.  

8.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

DISCUSSION AND CONCLUSIONS: 

1.  The evidence shows the applicant enlisted in the DEP and the RA in 1980 and 1981, respectively, under the last name of J******.  In reviewing the available record, it appears the applicant was married sometime in 1984 and began using the last name of W*******.  She continued to serve on active duty with the last name of W******* until her separation in July 1985.  On 7 August 1985, she was granted dissolution of her marriage and restoration of the use of her maiden name.  The applicant's divorce and the order for restoration of her maiden name as her last name was not granted until after her release from active duty and the issuance of her DD Form 214.

2.  There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if her last name is not changed on her DD Form 214 as requested.  It is also noted that Item 18 of her DD Form 214 shows in addition to the last name of W******* that she used the last name of J******.

3.  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.  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.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed.

4.  A copy of this decisional document, along with the applicant's request and enclosures, will be filed in the applicant's Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different last names.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080005993



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ABCMR Record of Proceedings (cont)                                         AR20080005993


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