BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025925 


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 show her married name.

2.  The applicant states she got married on 3 June 2010.  However, due to a "technicality," she had to be "remarried" on 23 July 2010.  Her last name in her military records is "J-----n" and it should be changed to "J---s."

3.  The applicant provides copies of her marriage certificate and license.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the U.S. Army Reserve (USAR) and on active duty in the Regular Army (RA).

   a.  The applicant entered the USAR on 14 July 1982 under the name "Y----e D----- M----h" [maiden name].

   b.  At some point, the applicant was married and changed her name.  She divorced on 23 February 1994 and she changed her name back to "Y--- D---
M----h."

   c.  The applicant married on 12 March 1994 and on 21 March 1994, she submitted a DA Form 4187 (Personnel Action) request for change of name in her military records to "J-----n."  Her request was approved on 28 March 1994.

2.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant reenlisted in the RA on 16 August 2001 for an indefinite period.  Item 1 (Name - Last, First, Middle) shows the applicant's name "J-----n Y----e D----e."  Section D (Certification and Acceptance), item 13b (Signature of Enlistee/Reenlistee), and Item 18a (Signature of Enlistee/ Reenlistee), both show the applicant's signature (i.e., "Y----e D----e J-----n").

3.  The applicant's Enlisted Record Brief (ERB), dated 24 September 2008, shows her name as "J-----n, Y----e D----e."

4.  Headquarters, III Corps, Fort Hood, TX, Orders 298-0127, dated 24 October 2008, released the applicant from active duty on 30 September 2009 and transferred her to the Retired List, effective 1 October 2009.  Her name appears on the orders as "J-----n, Y----e D----e."

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2009 shows she was honorably retired from active duty on 30 September 2009 and she was transferred to the USAR Control Group (Retired).  Item 1 (Name - Last, First, Middle) shows the entry
"J-----n Y----e D----e."  Item 32 (Signature of Member Being Separated) shows the applicant digitally signed the document (i.e., "J-----n Y----e D----e").

6.  In support of her application, the applicant provides the following documents:

   a.  State of Tennessee, Marriage Certificate, that shows V-----t W---e--- J---s and the applicant, Y----e D----s J-----n, were married by a minister on 3 June 2010 and the marriage was recorded by the County Clerk in the Marriage Record Book of Robertson County.

   b.  State of Texas, Marriage License, that shows V-----t W---e J---s and the applicant, Y----e D----e J---s, were married by a justice of the peace on 23 July 2010 and the marriage was recorded by the Deputy County Clerk in the Marriage Records of Bell County.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	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 ERB, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

	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 evidence of record shows the applicant's military service records reflect her maiden name and the approved official name changes that she requested throughout her military service.

3.  Records show the applicant's request for name change to "Y----e D----e
J-----n" was approved on 28 March 1994.  Records also show that, from that point on, her last name (i.e., "J-----n") is consistently recorded in her official military service records, including her DD Form 214, when she retired from active duty on 30 September 2009.  Thus, the applicant's name is correctly recorded on her DD Form 214.

4.  The applicant married V-----t W---e J---s in 2010 subsequent to her separation/retirement from active duty.

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

6.  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 new last name in her military records, there is no basis or a sufficiently compelling reason for compromising the integrity of the Army's records.

7.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her married name, will be filed in her OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and to satisfy her desire to have her new married name documented in her OMPF.

8.  However, if it is applicant's retired pay records that she wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide supporting documentation to:  Commander, Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 requesting they approve her name change and inform DFAS when it has been approved..

9.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100025925



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ABCMR Record of Proceedings (cont)                                         AR20100025925



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