IN THE CASE OF:	  

		BOARD DATE:	  9 April 2010

		DOCKET NUMBER:  AR20090016873 


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

2.  The applicant states she was divorced and the court order authorized her to resume the use of her maiden name.

3.  The applicant provides a copy of her divorce judgment.

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 State of North Carolina, Certificate of Live Birth, shows the applicant was born on 23 September 19-- and her name is registered as K------- R-- H------.

3.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 14 September 2001, shows in item 2 (Name - Last, First, Middle Name, (and Maiden, if any), Jr., Sr., etc.) the applicant's name is recorded as
"H------, K------- R--."

4.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 15 September 2001.  Item 1 (Name - Last, First, Middle) shows the applicant's name is recorded as "H------, K------- R--."  This document also shows the applicant was discharged from the USAR on 24 September 2001 and enlisted in the Regular Army for a period of 4 years on 25 September 2001.

5.  Headquarters, 1st Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky, memorandum, dated 12 July 2005, shows the applicant's request for change of name to “N-----, K------- R.” was approved and her official records were changed.

6.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 25 September 2001 and was honorably released from active duty on 7 October 2005 based on completion of required active service.  She was transferred to the USAR Control Group (Reinforcement) to complete her Reserve obligation.  Item 1 (Name - Last, First, Middle) shows the entry "N-----, K------- R--."

7.  Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri, Orders D-09-918341, dated 15 September 2009, honorably discharged the applicant from the USAR effective 15 September 2009.  Her name appears on the orders as "N-----, K------- R--."

8.  In support of her application, the applicant provides a true copy of a North Carolina, Gaston County, General Court of Justice, District Court Division, Divorce Judgment 08-CVD-----, that shows she was married to A---- D---- N----- on 1 July 2005, the marriage was ordered and adjudged to be dissolved by reason of separation in excess of 1 year on 5 February 2009, and authorized the applicant "the use of her maiden name, to wit:  "K------- R-- H------."

9.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  It provides that all personnel information recorded under the authority of the regulation is the property of the U.S. Government.  Once recorded, it will not be removed, except as provided by law or this regulation.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214:

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

	b.  Paragraph 2-4 contains item-by-item instructions for completing the
DD Form 214.  The instructions for item 1 state "enter name in all capital letters."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends 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 15 September 2001, entered active duty on 25 September 2001, and her name was recorded in her military records as "K------- R-- H------" which represents her birth (maiden) name.

3.  The applicant married A----- D---- N----- on 1 July 2005 and she requested that her name of record i.e., "K------- R-- H------" be changed to "K------- R-- N-----" on all official records.  Accordingly, the applicant's name of record was appropriately changed in her official records.  Moreover, the applicant's name of record is correctly recorded on her 7 October 2005 DD Form 214.

4.  The applicant was divorced from A----- D. N----- on 5 February 2009, and she was authorized to resume the use of her maiden name at that time.  The divorce action was subsequent to the applicant's release from active duty.  The request to change her name was submitted after she was discharged from the USAR.

5.  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 on 5 February 2009.

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)                                         AR20090016873



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ABCMR Record of Proceedings (cont)                                         AR20090016873



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