IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100023544
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 the name on her discharge documents be changed to her maiden name.
2. The applicant states that she was divorced in 2004 and has returned to using her maiden name.
3. The applicant provides a copy of her divorce decree to substantiate her request.
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, using her married name enlisted in the U.S. Army Reserve in 1997 and served until she was discharged in 2005.
3. She enlisted in the Regular Army in 2006 using her married name and served until she was discharged in 2009.
4. The divorce decree that the applicant submitted in support of her request shows she was granted the use of her maiden name when the divorce was finalized on 28 May 2004.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name she served under. 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. While it might be understandable that the applicant now desires the record show her maiden name, in the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. She was eligible to use her maiden name when she enlisted in 2006, but chose to use her married name. There is no sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in the OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name, civilian education, and permanent address recorded in her military record and to satisfy the desire to have the correct name shown in the OMPF.
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) AR20100023544
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