IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080007441
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 DD Form 214 (Report of Separation from Active Duty) be corrected by showing all awards that she is authorized and by showing her maiden name.
2. The applicant states, "My uniform has more ribbons
than what's showing on my DD 214." She also states that her name was changed due to a 1984 divorce.
3. The applicant provides no additional documentation.
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 and entered the Regular Army on 17 September 1976 using the last name of G____. She completed military police training and served in Germany as a customs inspector from November 1974 until her release from active duty.
3. United States Army Europe and Seventh Army Special Orders Number 298, dated 25 October 1974, changed her last name to M____ because of marriage.
4. The applicant's authorized awards are shown in item 9 (Awards, Decorations and Campaigns) of her Personnel Qualification Record- Part II (DA Form 2-1) as the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Pistol Bar. Her DD Form 214 shows the same awards. There are no available orders or any other evidence showing she is authorized any additional awards.
5. On 13 September 1976 she was separated from active duty with an honorable characterization of service and transferred to the United States Army Reserve using her married name.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to support the conclusion that the applicant was authorized or awarded any awards that are not shown on her DD Form 214.
2. The applicant's name was officially changed due to marriage while she was on active duty. A post-active duty divorce is not sufficient to change the applicants name on her DD Form 214. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080007441
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ABCMR Record of Proceedings (cont) AR20080007441
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