IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080011226
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 states that she took back her, in effect, maiden name.
3. The applicant provides a divorce decree.
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 applicants DD Form 398 (Statement of Personal History) and her enlistment contract show her last name as H---. She enlisted on 14 September 1971 for a period of 3 years. She served as a supply clerk and was honorably discharged on 8 May 1972.
3. Item 1 (Last Name-First Name-Middle Name) on the applicants DD Form 214 (Report of Transfer or Discharge) shows the last name H---.
4. All of the applicants service personnel records show the last name H---.
5. In support of her claim, the applicant provided a divorce decree, dated
18 December 2007, which shows she changed her married last name of H--- to her maiden name of A---.
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. The applicants enlistment contract and service personnel records show the last name H---. It appears she appropriately served on and was separated from active duty under the last name H---. She did not change her last name until 2007, 35 years after her separation. 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 maiden name 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.
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