IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019395 


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 records to show her last name as Brxxxxxx-Spxxxxx instead of Spxxxxx on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states she wanted her discharge documents to show her name as a hyphenated name of Brxxxxxx-Spxxxxx but the clerk would not enter it as such on her DD Form 214.  She adds that the Spxxxxx name has caused her many problems with her records and she wants her name to read her former military records name.

3.  The applicant provides her DD Form 214, a court order in conjunction with her dissolution of marriage restoring her name to her previous name, and a letter from the Defense Finance and Accounting Service.   

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's military records show she enlisted in the Army National Guard on 2 August 1974.  She previously served on active duty, completed initial entry training, and was awarded the military occupational specialty of medical specialist.  She attained pay grade E-7.

3.  Her records show she entered active duty with the Army National Guard on 3 March 1980.

4.  On 12 June 1994, she was married and her last name was changed to Spxxxxx. 

5.  Her DD Form 214 shows she retired on 31 August 1994 for voluntary early retirement.

6.  On 6 December 1999, the Court of Common Pleas Hocking County, Ohio, Division of Domestic Relations, granted the applicant a Decree of Dissolution of Marriage that shows she used the last name of Spxxxxx from the time of her marriage until it was restored to her previous last name of Brxxxxxx upon her divorce effective on this date.

7.  Her DA Form 2-1 (Personnel Qualification Record) shows her last name as Spxxxxx and she signed this form with the last name of Spxxxxx.  Several other documents found in her records containing her signature and dated after the date of her 1994 marriage show she signed the documents with the last name of Spxxxxx.

8.  Army Regulation 635-5 (Personnel Separations - 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.  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.  There is no evidence of record or independent evidence that suggests the last name recorded on the applicant's DD Form 214, dated 13 August 1994, exhibits a material error or injustice.  
2.  While the applicant provides a court document, filed on 6 December 1999, showing her last name of Spxxxxx was changed to her previous last name of Brxxxxxx she served from the date of her marriage on 12 June 1994 until her retirement date of 31 August 1994 under the last name shown on her DD Form 214.  Therefore, the court document filed more than 5 years after she was retired changing her name back to Brxxxxxx is not sufficiently mitigating to warrant changing her last name on her DD Form 214.

3.  Additionally, the applicant may have asked the clerk to hyphenate her last name as Brxxxxxx-Spxxxxx at the time of separation, and the clerk may have refused; however, this is not sufficiently mitigating to warrant changing her last name on her DD Form 214 at this late date.

4.  While it is understandable that the applicant desires to have her last name reflected as Brxxxxxx on her DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  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, this ABCMR is reluctant to recommend that those records be changed.  

5.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided which confirms the last name that she now uses will be filed in her Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the difference in the last name recorded on her DD Form 214.

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)                                         AR20100019395



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ABCMR Record of Proceedings (cont)                                         AR20100019395



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