Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080006855
Original file (20080006855.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080006855 


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 that her last name be changed on her military records.

2.  The applicant provides no explanation.  

3.  The applicant provides a letter, dated 13 June 2007, from the Defense Finance and Accounting Service (DFAS) and a marriage license, 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 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 enlisted on 19 July 1979 under the last name C___ and she trained as an ammunition specialist.  A DA Form 4187 (Personnel Action), dated 14 April 1983, shows the applicant’s last name was changed to W___.  She 
remained on active duty through continuous reenlistments until she retired on 
31 July 1994 under the voluntary early retirement program in the rank of sergeant.  

3.  Item 1 (Name) on the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the last name W___. 

4.  From 14 April 1983 to 31 July 1994, the applicant’s service personnel records show the last name W___. 

5.  In support of her claim, the applicant provided a marriage license which shows she was married on 28 November 2005 and her last name was changed to G___.  She also provided a DFAS letter which states, in pertinent part, that a change of name in her official Army records is made only after an administrative examination of the evidence and approval by the Army Board for Correction of Military Records.

6.  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.  From 14 April 1983 to 31 July 1994, the applicant’s service personnel records show the last name W___.  During this time, it appears she appropriately served on and was retired from active duty under the last name W___.  She did not change her last name to G___ until 2005, 11 years after her retirement.  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 applicant’s DD Form 214.  This Board action will be filed in the applicant’s military records so a record of her current married name (G___) will be on hand.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx_____  _____xx___  ___xx_____  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.



      _______xxxx_______________
               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)                                         AR20080006855



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006855



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100025925

    Original file (20100025925.txt) Auto-classification: Denied

    The applicant requests correction of her military records to show her married name. The evidence of record shows the applicant's military service records reflect her maiden name and the approved official name changes that she requested throughout her military service. Records also show that, from that point on, her last name (i.e., "J-----n") is consistently recorded in her official military service records, including her DD Form 214, when she retired from active duty on 30 September 2009.

  • ARMY | BCMR | CY2006 | 20060008544C070205

    Original file (20060008544C070205.doc) Auto-classification: Denied

    David Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The military records at DFAS verify that the FSM’s widow, T______, is receiving the SBP annuity.

  • ARMY | BCMR | CY2015 | 20150001678

    Original file (20150001678 .txt) Auto-classification: Denied

    The applicant provides copies of her: * Marriage License * Retirement Orders * DD Form 2 (United States Uniformed Service Identification (ID) Card) (Retired) * DD Form 1173 (United States Uniformed Service ID and Privilege Card) * DFAS-CL 7220/148 (Retiree Account Statement) * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a...

  • ARMY | BCMR | CY2007 | 20070018891

    Original file (20070018891.txt) Auto-classification: Denied

    The applicant states that he was only married to his current former spouse for 6 years and that he had married her after he retired. On 6 September 1994, the applicant completed an SBP Election Change (DFAS-IN Form 20-238) in which he designated his SBP benefit coverage be changed from spouse to former spouse and he named his last spouse as his former spouse. The law provides that when an election of former spouse coverage is voluntary, that election may be changed when the member...

  • ARMY | BCMR | CY2009 | 20090002680

    Original file (20090002680.txt) Auto-classification: Denied

    The applicant requests, in effect, that the military records of her former spouse, a former service member (FSM), be corrected to show he changed his Survivor Benefit Plan (SBP) coverage to former spouse coverage. Title 10, U. S. Code, section 1450(f)(3)(A) permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to a proceeding of divorce. There is no evidence to...

  • ARMY | BCMR | CY2011 | 20110019267

    Original file (20110019267.txt) Auto-classification: Denied

    The documents contained in her military records show she served under the last name of G____. Her records do not show she changed her last name at the time to S____. She provides documentation showing she changed her last name after her discharge.

  • ARMY | BCMR | CY2001 | 2001062819C070421

    Original file (2001062819C070421.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his request to change his RE code on 29...

  • ARMY | BCMR | CY2003 | 2003091605C070212

    Original file (2003091605C070212.rtf) Auto-classification: Denied

    The applicant requests that she be determined to be the beneficiary of the Survivor Benefit Plan (SBP) of her deceased spouse, a former service member (FSM). The applicant provides the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1964; their marriage license; his death certificate; a copy of a letter to her from the FSM dated 12 April 1983; a letter from the Chief, Army Retirement Services to the applicant dated 16...

  • ARMY | BCMR | CY2011 | 20110013851

    Original file (20110013851.txt) Auto-classification: Denied

    Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member's agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. Title 10, U.S. Code, section 1450(f)(3)(A), permits a former spouse to make a written request that an SBP election of former spouse coverage be deemed to have been made when the former spouse is awarded the SBP annuity incident to...

  • ARMY | BCMR | CY2014 | 20140018015

    Original file (20140018015.txt) Auto-classification: Denied

    The applicant provided the FSM's DD Form 2656, dated 17 May 2003, showing the FSM elected former spouse coverage. The applicant provided a letter from DFAS, dated 16 June 2014, which states: * she was not entitled to receive an annuity under SBP * the FSM elected to cover her under SBP upon his retirement * a spouse loses eligibility as a spouse beneficiary upon divorce * retirees have the option to change their spouse coverage to former spouse coverage upon divorce, but the request from...