IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025894
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 military records to reflect her last name of K----t.
2. The applicant states that she married on 26 June 2010 and changed her maiden name of "O---n" to K----t and desires her records to be changed accordingly. She also states that she desires the appropriate systems to reflect her married last name.
3. The applicant provides a copy of her marriage license and a DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment.
CONSIDERATION OF EVIDENCE:
1. On 4 June 2009, while serving on active duty as a member of the Arizona Army National Guard under the last name of S---e, a Physical Evaluation Board (PEB) convened at Fort Lewis, WA and determined that the applicant was physically unfit for continued service and recommended her placement on the Temporary Disability Retired List (TDRL) with an 80 percent (%) disability rating percentage. The applicant concurred with the findings and recommendation and waived a formal hearing of her case.
2. On 20 August 2009, the applicant was retired by reason of temporary disability with an 80% disability rating percentage under the last name of O---n.
3. On 26 June 2010 the applicant was married in Peoria, AZ and assumed the last name of "K----t."
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that information on the DD Form 214 will be obtained from official documents contained from an individuals official records at the time of separation. The DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
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 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. While it is understandable the applicant desires to now record her married last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Inasmuch as the applicant married after being placed on the TDRL, there appears to be no basis to change her Official Military Personnel File (OMPF) to reflect her current last name.
3. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her last name contained on her marriage license, will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her legal name documented in her OMPF.
4. However, the applicant is advised that it would be prudent for her to provide officials at the Defense Finance and Accounting Service (DFAS) and her nearest Retirement Services Officer (RSO) with notarized copies of her marriage certificate so as to update her current retiree accounts.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms.
__________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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