BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100008315
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 her last name be changed from C--- to St. C--- on her 1 October 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she is now divorced and was authorized to resume the use of her maiden name.
3. The applicant provides a copy of her divorce decree, social security card, and driver's license.
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 applicants records show she enlisted in the Regular Army on
18 November 1980 under the name C---. She served 5 years, 2 months, and
7 days and was honorably discharged on 1 October 1986.
3. The applicant's current driver's license and social security card show her name as St. C---.
4. The applicant's divorce decree dated 8 November 1988 shows the court restored her to the use of her former name of St. C---.
5. All documents contained in the applicant's military records such as her enlistment contract, application for identification card, awards, medical examinations, and various orders show her last name as C---.
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows at the time the applicant was discharged from the Army, on 1 October 1986, her last name was C---. The applicants divorce decree authorizing her to resume the use of her maiden name did not occur until November 1988, 2 years after the issuance of her DD Form 214. Therefore, the name contained in the applicant's records and on her DD Form 214 is correct as constituted.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires to have her name changed on her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decision document along with her application and the supporting evidence she provided, which confirms she was authorized to resume the use of her maiden name, will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to her name recorded in her military records.
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) AR20100008315
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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