IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080008815
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, correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show her married name.
2. The applicant makes no additional statement.
3. The applicant provides a copy of her DD Form 214 and marriage certificate.
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. On 22 November 1989, the applicant enlisted in the Regular Army under the last name of R________. Her social security number was xxx-xx-6xx7. She served on active duty for 3 years and was released from active duty on
21 November 1992. She had completed 3 years of creditable active duty. Her characterization of service was honorable.
3. Item 1 (Name) of the applicants DD Form 214 shows her last name as R_______, and her social security number as xxx-xx-6xx7.
4. On 28 June 2003, the applicant married and her last name was changed to M____.
5. The social security number used by the applicant in this application is the same as that used during her military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Regular Army and was honorably released from active duty using the name currently recorded in her military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which she served. The fact that she now desires a change to the name for personal reasons is not justification for granting this request.
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.
3. The applicant has continued to use the same social security number. Therefore, her military records are clearly identifiable as hers even though she now has a different name.
4. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, confirming her current name will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in her current name and the one recorded in her military record, and satisfy her desire to have her name documented in her record.
5. In view of the above, the applicants request should be denied.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080008815
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