IN THE CASE OF:	  

		BOARD DATE:	        13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013660 


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 from F_ _g to G_ _r on her Certificate of Award for the Meritorious Service Medal and other related retirement documents.  She also requests that her dates of service on the Certificate of Award for the Meritorious Service Medal be changed from 20 April 1984 to 19 April 1994, to 14 October 1973 to 19 April 1994.

2.  The applicant states that her name was legally changed from F_ _g to G_ _r on 15 June 1994 at the King County District Court in Seattle, Washington.  She states that the Certificate of Award for the Meritorious Service Medal was issued after 15 June 1994.  Her 29 years of service begin on 14 July 1963.  On  
21 September 1972 she had a break in service for personal reasons, but reentered the military on 14 October 1973.  She transferred to the Retired Reserve on to 19 April 1994.

3.  The applicant provides a copy of a petition from King County District Court, State of Washington, Seattle Division dated 15 June 1994; Department of the Army, Office of the Chief, Army Reserve, Permanent Orders Number  
230-24 dated 8 September 1994; Certificate of Award for the Meritorious Service Medal dated 8 September 1994; Certificate of Retirement dated 26 December 2002; a letter addressed to her state representative dated 7 July 2008, with other correspondence 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 was appointed as a Reserve Commissioned officer in the rank of second lieutenant on 8 August 1964, with her last name as K_ _ _ _y.  She was promoted to first lieutenant on 7 August 1966, to captain on 14 October 1973, to major on 15 December 1975, and to lieutenant colonel on 15 December 1981.  

3.  The applicant retired from the U.S. Army Reserve and was transferred to the Retired Reserve on 20 April 1994.  She completed 22 years of creditable service.

4.  The applicant's official records show a series of name changes as a result of marriage and divorce leading to her marriage on 6 June 1991, when she changed her name to F_ _g.  

5.  The court order from King County District Court, State of Washington, Seattle Division shows that the applicant's petition to change her last name from F_ _g to G_ _r was approved on 15 June 1994, which was two months after she had retired.  

6.  The Certificate of Award for the Meritorious Service Medal dated 8 September 1994 shows her last name as F_ _g for the period of service from 20 April  
1984 to 19 April 1994.

7.  Army Regulation 672-5-1 (Military Awards) in effect, at that time states, in pertinent part, that periods of service for each individual approaching retirement will be considered for an appropriate  decoration based on his grade, years of service, degree of responsibility, and manner of performance.  Meritorious service awards may be awarded upon retirement, which may include periods of service longer than that served in the recommending command.  It further states that such periods be limited to the the last 10 years of service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her last name on her Certificate of Award for the Meritorious Service Medal should be changed from F_ _g to G-_ _r.

2.  There is no evidence in her official records that show the applicant submitted a request through Army channels to have her last name changed prior to her retirement date on 20 April 1994.  

3.  While the applicant's last name was legally changed on 15 June 1994, the applicant had already retired from the service.  As such, the certificate of award was correctly prepared based upon her legal name in her official records at that time.  

4.  Regulatory guidance provides that meritorious service awards may be awarded upon retirement, but the periods of service must be limited to the last  
10 years of service.  Therefore, the applicant is not entitled to correction of her records to change the period of service on her Certificate of Award for the Meritorious Service Medal.

5.  The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, which confirms her legal name, will be filed in her Official Military Personnel File (OMPF).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  __X______  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2. The Board wants the applicant and all others concerned to know that this determination in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.



      ________XXX______________
               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)                                         AR20080013660



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ABCMR Record of Proceedings (cont)                                         AR20080013660



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