IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100013098 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as B-----z instead of 
B---------d.

2.  The applicant states, in effect, that she divorced in 1987 but had children from that marriage who are now grown, she has remarried, and she now requests a legal name change.

3.  The applicant provides a copy of her DD Form 214 for the period ending
30 April 1997; a copy of her Decree for Dissolution of Marriage, adjudged on
1 April 1987; and a copy of a Petition for a Name Change, dated 7 July 2000.

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 enlisted in the Regular Army (RA) on 20 February 1973 under the name of R----a M---e B-----z.

3.  Special Orders Number 36, issued by Headquarters, U.S. Army Japan, dated 24 February 1976 changed the applicant's name on her official military records from R----a M---e B-----z to R----a M---e F------a B-----z B---------d by reason of marriage.

4.  The applicant continued to serve on active duty until she was honorably discharged on 12 April 1984.  She subsequently enlisted under the same married name in the U.S. Army Reserve (USAR) on 13 April 1984 for a period of 6 years.

5.  On 23 December 1986, the applicant submitted a copy of a Superior Court of Washington, County of Pierce, Decree for Dissolution of Marriage, which shows she divorced on 23 December 1986 and elected to keep her name as R----a
M---e F------a B-----z B---------d.

6.  On 13 February 1989, the applicant was discharged from the USAR and she again enlisted in the RA under the same name on 14 February 1989 for a period of 4 years.  She subsequently reenlisted on 9 June 1992 for a period of 4 years and extended her enlistment on 4 December 1995 for a period of 10 months under the same name.

7.  On 30 April 1997, the applicant retired from active duty by reason of sufficient service for retirement.  She completed 20 years and 29 days of active service.  Item 1 (Name) of her DD Form 214 shows her name as R----- M---e B---------d.

8.  The applicant petitioned the Court to change her name.  On 7 July 2000, the Superior Court of Arizona, County of Pima, changed her name from R----a M---e F------a B-----z B---------d to R----a M---e B-----z.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served under the same last name of B---------d from 24 February 1976 when her last name changed by reason of marriage, through 1 April 1987 when she divorced and elected not to change her last name, until she retired from active duty on 30 April 1997 under the same last name.  All documents in her official records show her last name as B--------d.  Accordingly, her final DD Form 214 shows the correct last name.

2.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her current full name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  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 full name, will be filed in her Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in the full name recorded in her military record and to satisfy her desire to have her current full name.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100013098



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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