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 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 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants DD Form 214. This Board action will be filed in the applicants 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
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ABCMR Record of Proceedings (cont) AR20080006855
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