IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20090001418
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 name shown in her records be changed from D______ L______ to D______ G____.
2. The applicant states that she was married on 5 November 1987; however, she only recently took her spouse's name after being married for over 21 years.
3. The applicant provides a copy of her marriage license, driver's license, military identification card and Social Security Card.
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 in the Regular Army on 7 July 1981 and remained on active duty as a finance specialist through a series of continuous reenlistments. She was married on 5 November 1987 to another service member at the time and on 1 November 1997, she was promoted to the pay grade of E-7.
3. She continued to serve in the name of D______ L______ until she was honorably released from active duty (REFRAD) on 31 August 2001 and was transferred to the Retired List effective 1 September 2001, due to sufficient service for retirement. She had served 20 years, 1 month and 24 days of total active service. The DD Form 214 that she was issued at the time of REFRAD shows that she was retired in the name of D______ L_______.
4. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel record that are in effect on the date of separation. That regulation also states that changes that occur subsequent to the date of separation are not authorized for entry and will not be entered on the DD Form 214 retroactively.
DISCUSSION AND CONCLUSIONS:
1. It is understandable that the applicant desires to have the name recorded in her military records changed to her current legal name. However, there is no evidence of record or independent evidence that suggests the name recorded in her military records exhibits a material error or injustice.
2. The evidence of record shows the applicant enlisted under, served in, and was REFRAD under the name of "D______ L_______" and it was not until after she was REFRAD that she changed her name.
3. Accordingly, her DD Form 214 correctly reflects her legal name as it existed on the date she was REFRAD and there is no basis to change her DD Form 214 or other records to reflect otherwise.
4. There is no evidence that suggests 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 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. While it is understandable the applicant desires to now record her current name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
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 current name, will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military records and to satisfy her desire to have her current name documented in her OMPF.
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) AR20090001418
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