IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100018762
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 two separate applications, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her maiden name.
2. The applicant states, in effect, her maiden name should be shown on her DD Form 214.
3. The applicant provides copies of the following:
* Divorce Decree
* DD Form 214
* Marriage Certificate
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. On 6 April 1982, the applicant enlisted in the Regular Army for 4 years under her maiden name.
3. She married on an unknown date and she extended her enlistment on 1 May 1984 using her married name of F*****.
4. There are documents contained in her official record with her signature showing she was using her married name F*****.
5. She divorced on 9 June 1987. A DA Form 4187 was submitted on 9 August 1987 requesting that her last name of record be changed to her maiden name. She returned to using her maiden name.
6. The applicant remarried on 1 February 1989 and her last name of record was changed to F********.
7. The applicant was discharged on 6 June 1990. Her DD Form 214 shows her last name as F********.
8. The Divorce Decree she submits shows she divorced on 9 November 1990.
9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of retirement, released from active duty, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and the documentation she submitted has been considered. However, her DD Form 214 must reflect her service as it existed on the date of her discharge.
2. At the time she was issued her DD Form 214, she was still married. She was discharged on 6 June 1990. She did not divorce until 9 November 1990. The last name F******** is properly shown on her DD Form 214.
3. Notwithstanding the documentation she submitted, the Army has an interest in maintaining the accuracy of its records for historical purposes. A name change that is requested after completion of military service is generally not a basis for changing official military records. Nevertheless, her application and the supporting documents will be filed in her official record for future reference.
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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20100018762
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