IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110005673 


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 while she was on active duty, but failed to change her name prior to being discharged.  Her military records show her maiden name (L---- A--- H----); however, her correct legal name at the time of discharge was (and still is) L---- A--- S----.  She realized her name had not been changed in her military records when she received a letter from the Defense Finance and Accounting Service a few months ago.

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

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant had prior honorable active enlisted service in the Regular Army from 15 August 1990 through 9 April 1997.  It shows in item 1 (Name - Last, First, Middle):  "H----, L---- A---."

3.  Headquarters, U.S. Army Infantry Center, Fort  Benning, GA, memorandum, dated 10 April 1997, appointed the applicant as a Reserve commissioned officer of the Army in the rank of second lieutenant.  The applicant's name is shown as "L---- A--- H----."  She accepted the appointment on 10 April 1997.  

4.  The applicant's Officer Record Brief (ORB), dated 30 August 2003, shows her name as "H----, L---- A---."

5.  Headquarters, 7th Infantry Division, Fort Carson, CO, Orders 097-0021, dated 7 April 2003, released the applicant from assignment on 5 August 2003 and transferred her to the Temporary Disability Retired List (TDRL), effective
6 August 2003.  Her name appears on the orders as "H----, L---- A---."

6.  The applicant’s DD Form 214 shows in:

   a.  Item 1  "H----, L---- A---."

   b.  Item 21 (Signature of Member Being Separated):  the applicant signed the document "L---- A. H----."

7.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) show a PEB convened on 2 April 2008 and recommended that the applicant be permanently retired with a 30 percent disability rating.  

   a.  The applicant signed the document "L---- A. H----" on 7 April 2008.

   b.  The PEB proceedings were approved on 24 April 2008.

8.  U.S. Army Physical Disability Agency, Washington, DC, Orders D148-08, dated 27 May 2008, removed the applicant from the TDRL on 16 March 2008 and placed her on the retired list due to permanent physical disability, effective 17 March 2008.  Her name appears on the orders as "H----, L---- A."

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

   a. The  State of Colorado, County of El Paso, Marriage License, issued on
10 February 2003, shows J---- T--- S---- and [the applicant] L----A--- H---- were authorized to join in marriage.  The document was authenticated by the county clerk, and the deputy county clerk.  This document also shows the El Paso County Official Seal.

   b.  The State of Colorado, County of El Paso, Marriage Certificate, that shows
J---- T--- S---- and the applicant, L---- A--- H----, were married on 14 February 2003.

10.  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 ORB, 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.  Records show the applicant's military service records consistently reflect her maiden name throughout the entire period of military service.

2.  There is no evidence the applicant requested an official name change at any time during her period of military service.

3.  The applicant provides a copy of a marriage certificate that shows she married J---- T--- S---- on 14 February 2003, approximately 6 months prior to being discharged and placed on the TDRL.  She acknowledges she failed to change her name prior to being discharged.  Therefore, the documents provided by the applicant are insufficient evidence to warrant a change to the name in her official military service records.

4.  The applicant is advised that a copy of this decisional document will be filed in her OMPF.

5.  If it is the 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 valid and officially authenticated supporting documentation [emphasis added] to the:  Commander, U.S. Army 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.

6.  In view of all 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)                                         AR20110005673



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ABCMR Record of Proceedings (cont)                                         AR20110005673



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