BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012126
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 last name on her military records.
2. The applicant states she was recently divorced and wants her military records changed to show her maiden name.
3. The applicant provides copies of a:
* Decree of Divorce
* Common Access Card
* DD Form 2 (Retired) Identification Card
* Army Board for Correction of Military Records (ABCMR) letter dated 16 May 2011
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 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. On 29 July 1987, the applicant initially enlisted in the Regular Army under the name of J_______ A______ and served until she was honorably released from active duty on 7 March 1995, under the name J______ M______. The DD Form 214 issued at that time shows she completed 7 years, 7 months, and 9 days of active service.
3. On 27 April 1998, she enlisted in the U.S. Army Reserve, under the name of J_______ M______ and continued to serve through additional periods of reenlistment or extension.
4. Her official military personnel file (OMPF) contains the following documents which show she served under and held five different surnames throughout her military service:
* Certificate of Achievement dated 1 August 1988
* DA Form 4187 (Personnel Action) dated 8 September 1993
* DA Form 4187 dated 13 October 1998
* DD Form 4 (Enlistment/Reenlistment Document) - 16 July 2001
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) dated 9 April 2009
5. The applicant's DA Form 4836, dated 9 April 2009, is her last enlistment document on file and it lists the last name she claims is incorrect. The applicant authenticated this document with her signature by signing the same last name that she now indicates is incorrect.
6. On 3 September 2009, the U.S. Army Physical Disability Agency issued Orders Number D246-12 directing the applicant's release from assignment and placement on the retired list effective on 8 October 2009, by reason of permanent physical disability. It also lists the last name the applicant now indicates is incorrect, as indicated on her final enlistment document.
7. The applicant provides a court order issued by the District Court, Family Division, Clark County, Nevada, dated 17 February 2011. It shows, incident to a divorce, the circuit court judge granted the applicant's restoration of her former name of J_________ A________, her maiden name.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or
control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct her records to reflect her maiden name was carefully considered. While it is understood why she would want her records changed to reflect her maiden or current legal name, the evidence of record confirms she last served in and was separated in the last name that is listed on her final separation order.
2. 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 throughout a Soldier's service. Absent any evidence that the applicant has actually suffered an injustice based on the last name recorded on her military records, there appears to be no compelling reason to compromise the integrity of the Armys records to correct her last name at this late date.
3. This Record of Proceedings will be filed in her OMPF in order to provide clarity and to deal with any confusion that may arise regarding her current legal name. This document will also guarantee the historical integrity of the applicant's military records regarding the last names under which she served.
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) AR20110012126
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