BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021297
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 records to show her last name as S_____t instead of McD_____t due to her recent marriage on 1 August 2009.
2. She states her last name has changed and she would like the records to be accurate for the military.
3. She provides a copy of her marriage certificate and DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1999.
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 applicant enlisted in the Regular Army on 2 May 1978 and was discharged on 4 January 1988. Her DD Form 214 for the period ending 4 January 1988 shows her last name as McD_____t.
3. She enlisted in the Army National Guard on 5 January 1988 and was ordered to active duty on 20 June 1988. She continued to serve on active duty until she retired on 31 October 1999. Her DD Form 214 for the period ending 31 October 1999 and NGB Form 22 (National Guard Bureau, Report of Separation and Record of Service) show her last name as McD_____t.
4. All of the documents in her service personnel records show her last name as McD_____t.
5. She provided a copy of her marriage certificate which shows she married W.D. S_____t on 1 August 2008.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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 Board is reluctant to recommend that those records be changed.
2. The applicants service personnel records show her last name as McD_____t.
3. Although she was married on 1 August 2008 and her last name changed to S_____t, she served in the military and retired from the military using the last name of McD_____t. While her desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in her military records so that a record of the name she is currently using will be on hand.
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) AR20100021297
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021297
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016420
The applicant requests her last name in item 1 (Name) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. _______ _ 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) AR20110016420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2008 | 20080016631
The military documents that are on file in the applicants Official Military Personnel File show that the applicant served under the surname G - - - s up until her release from active duty in 1999. The evidence shows the applicant enlisted in the USAR and entered on active duty in 1980 and 1988, respectively, under the surname of Y - - - g. In reviewing the available record, it appears the applicant was subsequently married and began using the surname of Y - - - g-O - - - s. In October...
ARMY | BCMR | CY2010 | 20100019395
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). 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. While the applicant provides a court document, filed on 6 December 1999, showing her last name of Spxxxxx was changed to...
ARMY | BCMR | CY2003 | 03097446C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that “Sherman” was her name at the time she exited the military and that although she was married to Mr. Ralston at the time, she kept her maiden name. She states that she submitted a request to have her name changed to “Sherman” at the time she married Mr. Ralston, “but evidently it was not processed.” 3.
ARMY | BCMR | CY2011 | 20110010965
The applicant requests correction of her military records to show her married surname. Her DD Form 214 shows: a. in item 1 (Name Last, First, Middle) "S____, D____ A____" and b. in item 21 (Signature of Member Being Separated) the applicant signed the document. As such, the document provided by the applicant is insufficient evidence to warrant a change to the name in her official military service records.
ARMY | BCMR | CY2012 | 20120004974
The applicant requests correction of her records to reflect her name change. Her last name changed from "Bar__" to "Mor__" in her service records; however, her name was then recorded in her service records as "Mor__, Kar__ Bar__." The applicant's service personnel records show: * she enlisted under her maiden name of "Bar__, Kar__ Eli__" * her name for an unknown reason was changed in marriage to "Mor__, Kar__ Bar__" * she retired as "Mor__, Kar__ Bar__" 3.
ARMY | BCMR | CY2013 | 20130004227
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her record to show her last name as B_____ - G________ instead of E______. While it is understood why she would want her records changed to reflect her new married or current legal name, the evidence of record confirms she served in and was separated in the last name of E______, which is the last name that is listed on the documents that are filed in her AMHRR.
ARMY | BCMR | CY2008 | 20080006415
Notification of Eligibility for Retired Pay at Age 60 Memorandum, dated 17 November 1988. c. DD Form 1883, dated 7 January 1989. d. Certificate of Marriage, dated 2 August 2000. e. Miscellaneous letters and Designation of Beneficiary Forms from the New York State Police and Fire Retirement System. This letter notified the FSM that he had completed the required years of service and would be eligible for retired pay upon application at age 60. Even if the FSM had been able to enroll the...
ARMY | BCMR | CY2011 | 20110019267
The documents contained in her military records show she served under the last name of G____. Her records do not show she changed her last name at the time to S____. She provides documentation showing she changed her last name after her discharge.
ARMY | BCMR | CY2011 | 20110015272
The applicant requests all of her military records be changed to reflect her last name as Jxxxxx instead of Dxxxxxx. c. Throughout her military records during the above period of active duty her last name is spelled as Dxxxxxx. _______ _ __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.