IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018000
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 "Rxxx" instead of "Haxxxxx."
2. The applicant states her name is listed incorrectly on her DD Form 214.
3. The applicant provides her Drivers License and divorce decree.
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 (RA) for a period of 6 years on 9 June 1992. Item 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document -Armed Forces of the United States) listed her last name as "Rixxxxxxx." The applicant authenticated this form by placing her signature in the appropriate blocks using her last name as "Rixxxxxxx."
3. Her records contain several personnel documents including promotion orders, awards orders, a Servicemen's Group Life Insurance Election and Certificate, and various other orders that show her last name as "Rixxxxxxx."
4. On 28 December 1994, she submitted a DA Form 4187 (Personnel Action) wherein she requested to change her last name from "Rixxxxxxx" to "Haxxxxx." Her commander approved her request.
5. On 5 January 1995, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, issued an endorsement approving the applicant's name change to "Haxxxxx." Appropriate transactions were initiated to effect the name change in the applicant's service records.
6. She was honorably released from active duty on 27 October 1995 by reason of parenthood. Her separation orders and item 1 (Name) of the DD Form 214 she was issued shows her last name as "Haxxxxx." She authenticated her DD Form 214 by placing her signature in item 21 (Signature of Member Being Separated) using her last name "Haxxxxx."
7. She provided a copy of her Drivers License that shows her last name as "Rxxxxxxxx." She also provided a copy of her divorce decree, dated 19 July 2000, that appears to have her name listed as "Rxxx."
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldiers 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 applicant contends that her DD Form 214 should be corrected to show her correct last name.
2. The evidence of record shows upon her enlistment in the RA on 9 June 1992, the applicant listed her last name as "Rixxxxxxx." This last name is consistent with the last name on several documents in her service record.
3. She requested a name change in December 1994 from "Rixxxxxxx" to "Haxxxxx." Her name change was approved and her personnel records, including her DD Form 214, reflect the new name she requested. She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct. She did not use the last name of "Rixxxxxxx" subsequent to her approved name change.
4. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants last name in this case.
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) AR20100018000
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018000
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001405
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her last name as Shields vice Taylor * her foreign service in Bahrain from May to June 1999 2. Block 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 17 February 1982, shows her last name as Shields. With respect to showing her foreign service in Bahrain, notwithstanding her sincerity, although she provided...
ARMY | BCMR | CY2015 | 20150003160
The applicant states: a. her DD Form 214 list the wrong name and should be corrected to reflect the name she signed on the bottom of her DD Form 149 (Application for Correction of Military Record), as P____ T____ B____; b. at the time of her discharge from the Army, she was divorced and returned to her maiden name; and c. her DA Form 3349 (Physical Profile Board Proceedings) also lists the incorrect name. The applicant provides copies of her: * Drivers License * DD Form 214 * DA Form...
ARMY | BCMR | CY2010 | 20100019083
The applicant requests payment of the Survivor Benefit Plan (SBP) annuity based on the death of her former husband, a former service member (FSM). She was married to him for 29 years. The applicant contends the records of her deceased former husband should be corrected to show he timely changed his SBP coverage from "spouse" to "former spouse" coverage pursuant to their divorce decree and that she be paid the SBP annuity based on his death.
ARMY | BCMR | CY2007 | 20070009093
The applicant requests that her military records be corrected to show her last name as "M****w" instead of "F****r." 2. Evidence of record further shows that she served under the name "F****r" during the period 26 February 1981 (date of marriage) through 6 September 1996 (date of discharge). Therefore, the Army records are consistent with the applicant's name at that time.
ARMY | BCMR | CY2014 | 20140014372
She would like her records to reflect the correct information. This DD Form 215 shows her last name as U____y. While she may have married on 11 January 2002 and provides a DA Form 4187 that shows she requested a name change, the evidence of record does not show and she hasnt provided any evidence that shows the DA Form 4187 was processed or that she used any other last name than U____y during her active duty service.
ARMY | BCMR | CY2010 | 20100008315
The available evidence shows at the time the applicant was discharged from the Army, on 1 October 1986, her last name was C---. 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. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2013 | 20130020424
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as 509-XX-XXXX and her last name as M____. All documents in the applicant's available service records show her SSN as 507-XX-XXXX. _______ _ 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.
ARMY | BCMR | CY2008 | 20080015753
The applicant's medical, dental, and personnel records, created on miscellaneous dates throughout her military service, and authenticated by the applicant on miscellaneous dates, show she was a male using the first and middle names of "Brad---- Kee---." The evidence of record shows the applicant enlisted and served as a male using the first name and middle names "Brad---- Kee---" throughout her military career. _______ _ XXX _______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2011 | 20110008208
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Maxxx." It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. _______ _ _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.
ARMY | BCMR | CY2012 | 20120002266
The applicant requests: a. a second Army Commendation Medal (ARCOM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty); b. item 11 (Primary Specialty) of her DD Form 214 be corrected to show she served in her military occupational specialty (MOS) for 11 years, 10 months, and 22 days; and c. her last name be changed. Section IX (Assignment Information) of her Enlisted Record Brief (ERB) shows: * her duty MOS was 92B from 4 May 1993 to 4 December 1996 (for a...