IN THE CASE OF:	  

		BOARD DATE:	  26 February 2009

		DOCKET NUMBER:  AR20080016631 


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 the surname shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the surname of M - - k.

2.  The applicant states, in effect, that she was married in October 1989 and submitted all the paperwork to change her surname at that time.  She also states that she was released from active duty in January and her married name was not reflected on her DD Form 214.  Her retirement orders correctly list her married name.  

3.  In support of her application, the applicant provides copies of her 1996 dissolution of marriage, her 1998 marriage license, her DD Form 214, her retirement orders, and her 2005 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 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’s military record shows that she enlisted in the United States Army Reserve (USAR), in pay grade E1, on 10 June 1980.  At the time of her enlistment in the USAR, she enlisted under the surname of Y- - - g.

3.  The applicant's record contain a DA Form 2496 (Disposition Form), certifying that effective 1 February 1981 she had officially changed her surname from         Y - - - g to J - - - - - s.  

4.  The applicant entered active duty on 18 September 1988.  At the time of her entry on active duty, she entered under the surname of Y- - - g.  

5.  The applicant reenlisted in the USAR on 12 July 1991 and continued to served on active duty in an Active Guard Reserve status under the surname of
Y - - - g.  

6.  The applicant's records contain a DA Form 4187 (Personnel Action) that she completed on 31 October 1991.  She stated on this form that she was granted a divorce and requested that the surname shown on all of her official records be changed from Y - - - g-O - - - s to Y - - - g.  

7.  The applicant's records also contain a DA Form 4187 that she completed on 15 November 1991.  She requested on this form that the surname shown on all of her official records be changed from Y - - - g to G - - - s due to marriage.  She submits a copy of her dissolution of that marriage filed on 17 April 1996.  

8.  The applicant also submits a copy of a marriage license that shows she was married again on 1 November 1998 and began using the surname of M - - k.   Her records do not contain a DA Form 4187 requesting the surname shown on all of her official records be changed from G - - - s to M - - k.

9.  The applicant was honorably released from active duty, in pay grade E-6, on 26 January 2001.  She was transferred to the USAR Control Group (Reinforcement).  Item 1 (Name) of her DD Form 214 shows the surname of 
G - - - s. 

10.  The military documents that are on file in the applicant’s Official Military Personnel File show that the applicant served under the surname G - - - s up until her release from active duty in 1999.  
11.  The applicant was discharged from the USAR on 1 December 2001 and transferred to the Retired Reserve.  Her discharge orders show the surname of M - - - k.

12.  The applicant further submits a copy of her final divorce decree dated 24 October 2005.

DISCUSSION AND CONCLUSIONS: 

1.  The evidence shows the applicant enlisted in the USAR and entered on active duty in 1980 and 1988, respectively, under the surname of Y - - - g.  In reviewing the available record, it appears the applicant was subsequently married and began using the surname of Y - - - g-O - - - s.  In October 1991, she requested her records be changed to reflect the surname of Y - - - g as a result of her divorce.  In November 1991, she requested her records be changed to reflect the surname of G - - - s as a result of her marriage.  

2.  The applicant submits documentation that she was married again on 1 November 1998 and began using the surname of M - - k.  However, there is no evidence of record that she requested that her record reflect this surname.  It appears that she continued to serve on active duty with the surname of G - - - s until her release in January 1999.

3.  The evidence submitted by the applicant shows she was discharged from the USAR in December 2001 and issued orders with the surname of M - - k.  The evidence submitted also shows that on 24 October 2005 she was granted a divorce from her husband with the surname of M - - k.  There is no evidence that she changed her surname to another.  This divorce was granted after her release from active duty and the issuance of her DD Form 214.

4.  There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if her surname is not changed on her DD Form 214 as requested.  

5.  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.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should 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, the Board is reluctant to recommend that those records be changed.


6.  A copy of this decisional document, along with the applicant's request and enclosures, will be filed in the applicant's Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different surnames.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080016631



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ABCMR Record of Proceedings (cont)                                         AR20080016631


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