IN THE CASE OF:	  

		BOARD DATE:		  16 July 2009

		DOCKET NUMBER:  AR20090002247 


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 last name recorded in her military records be changed to show her maiden name.

2.  The applicant states, in effect, she was divorced from E_____ P_____ on
9 June 1981 and the court order authorized her to resume the use of her maiden name.

3.  The applicant provides, in support of her application, a copy of the Supreme Court of the State of New York, County of Queens, Findings of Fact, Conclusions of Law and Judgment, Index Number 6___/81.

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.  A DD Form 1966-Series (Application for Enlistment - Armed Forces of the United States), dated 13 November 1976, shows in Item 1 (Name - Last, first, middle, (maiden, if any), Jr., Sr., etc.) the applicant’s name is recorded as "A_____, R___ M____."

3.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 3 years on 17 November 1976 in the Delayed Entry Program.  Item 1 (Name – Last, First, Middle, Jr., Sr., etc.) shows the applicant’s name is recorded as "A_____, R___ M____."  This document also shows the applicant was discharged from the USAR on 11 July 1977 and enlisted in the Regular Army (RA) for a period of 3 years on 12 July 1977.

4.  A DA Form 4187 (Personnel Action), dated 18 December 1978, shows the applicant indicated that she married G___ P_____ on 4 August 1978 at Tacoma, Washington, and requested her name of record (i.e., “R___ M____ A_____”) be changed to “R___ M____ P_____” on all official records.

5.  The applicant’s DD Form 214 shows she entered active duty this period on
12 July 1977 and was honorably discharged on 11 July 1980, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 2, based on completion of required service.  At the time she had completed 3 years of net active service and 7 months and 25 days of total prior inactive service.  Item 1 (Name - Last, first, middle) contains the entry "P_____, R___ M____."

6.  In support of her application, the applicant provides a copy of the Supreme Court of the State of New York, County of Queens, Findings of Fact, Conclusions of Law and Judgment, Index Number 6___/81, that shows the applicant was married to E_____ P_____ on 4 August 1978, the marriage was ordered and adjudged to be dissolved by reason of abandonment for a period of one or more years on 9 June 1981, and authorized the applicant “to resume the use of her maiden name, to wit:  A_____.”

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  It also provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  Paragraph 1-16 (MILPER information management records) of this Army regulation provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the U.S. Government.  Once recorded, it will not be removed, except as provided by law or this regulation.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

9.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1, in pertinent part, state “enter name in all capital letters.”

10.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in 
pertinent part, that consideration of a request for amendment would be appropriate if it can be shown the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the last name recorded in her military records should be changed to show her maiden name because she was divorced and the court order authorized her to resume the use of her maiden name.

2.  Records show the applicant enlisted in the USAR on 17 November 1976, entered active duty in the RA on 12 July 1977, and her name was recorded in her military records as "R___ M____ A_____," which represents her birth (maiden) name.

3.  The applicant married Eugene P_____ on 4 August 1978 and she requested that her name of record (i.e., “R___ M____ A____”) be changed to “R___ M____ P_____” on all official records.  Accordingly, the applicant’s name of record was appropriately changed in her official records.  In addition, the DD Form 214 with an effective date of 11 July 1980 shows the applicant’s name of record is correctly recorded.

4.  The evidence of record shows the applicant was divorced from E_____ P_____ on 9 June 1981, and the applicant was authorized to resume the use of her maiden name, at that time.  The evidence of record also shows the divorce action was subsequent to the applicant’s discharge from the U.S. Army.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in her military service records and on her discharge document.  Therefore, the applicant is not entitled to correction of her records in this case.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Accordingly, the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this regard, the evidence of record shows that the applicant’s military service records reflect the correct name (at the time) under which military service was performed.  Therefore, in the absence of a showing of material error or injustice, the applicant’s military service records should not be changed.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant’s military records showing she was authorized to resume the use of her maiden name subsequent to her discharge from the U.S. Army.

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)                                         AR20090002247



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ABCMR Record of Proceedings (cont)                                         AR20090002247



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