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ARMY | BCMR | CY2010 | 20100023222
Original file (20100023222.txt) Auto-classification: Denied

		
		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023222 


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 the name in her military service records.

2.  The applicant states she married on 14 August 2010 and her name was changed from "Alicia C---n" to "Alicia E---."

3.  The applicant provides a copy of her marriage license.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve for a period of 8 years on 24 June 1984.  It shows in item 1 (Name - Last, First, Middle) the entry "C---N, ALICIA."

2.  A DD Form 4 shows the applicant enlisted in the Regular Army (RA) for a period of 3 years on 27 November 1985.  It shows in item 1 the entry "C---N ALICIA."

3.  Records in the applicant's military service records dated subsequent to
27 November 1985 indicate she changed her name from "C---N, ALICIA" to 
C---S, ALICIA."

4.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 2 years on 19 October 1988.  It shows in item 1 the entry "C---S, ALICIA."

5.  On 27 January 1995, the applicant was appointed as a Reserve warrant officer of the Army and she was ordered to active duty.  The appointment document shows her name as "ALICIA C---S."

6.  On an unspecified date, the applicant requested that her name be changed from "C---S, ALICIA" to "C---N, ALICIA" based on a divorce.  The applicant's request for the name change was approved on 14 August 2000.

7.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 27 January 1995 and she was honorably retired from active duty on 31 July 2005.  She had completed
10 years, 6 months, and 4 days of net active service this period and 9 years,
6 months, and 3 days of total prior active service.  It shows in item 1 (Name - Last, First, Middle) the entry "C---N, ALICIA."

8.  In support of her application, the applicant provides a copy of a State of Georgia, Marriage License that shows "Alicia C---n" [the applicant] and Mark Daniels E--- were married on 14 August 2010.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the active Army.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

	b.  Paragraph 2-4 contains item-by-item instructions for completing the
DD Form 214.  The instructions for item 1 state "enter name in all capital letters."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the name in her military service records should be changed because she recently married.

2.  Records show that upon entry in the U.S. Armed Forces the applicant reported her name as "Alicia C---n."  This name was correctly recorded in her records until she changed her name to "Alicia C---s" based on marriage.

3.  Records also show the applicant divorced and her request to change her name in her records back to "Alicia C---n" was approved.
4.  The applicant's military service records properly and accurately show the applicant's name throughout the course of her military service.  In addition, the applicant's DD Form 214 shows her correct name at the time she retired from active duty.

5.  The applicant married subsequent to the date she retired from active duty.

6.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change to the name in her official military service records, including her DD Form 214.

7.  For historical purposes, the Army has an interest in maintaining the integrity 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.  Thus, in view of the foregoing, there is no basis for granting the applicant's request to change her name in her military service records because her military service records accurately reflect the conditions and circumstances that existed during the period of her military service.  Therefore, the applicant is not entitled to correction of her records in this instance.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military service records showing the applicant's name change based on marriage subsequent to her military service.

8.  Further, since the applicant is now in the Retired Reserve, she may contact the U.S. Army Human Resources Command and request they change their records to show her current name.

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.
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ABCMR Record of Proceedings (cont)                                         AR20100023222



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