IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014172
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her name as "S____ L. M____."
2. The applicant states, in effect, her former name of "S____ L. M____" was restored at the time her divorce was granted.
3. The applicant provides:
* divorce decree
* social security card
* retiree identification card (front side)
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. The applicant enlisted in the Regular Army on 25 May 1984 under the name "S____ L. M____." She completed training and was awarded military occupational specialty 76Y (Supply Specialist). The highest rank/grade she attained while serving on active duty was sergeant first class/E-7.
3. A DA Form 4187 (Personnel Action) shows her name was changed to "S____ L. H____" on 17 July 1987 due to marriage.
4. On 31 May 2008, the applicant was honorably retired and placed on the Retired List effective 1 June 2008. She completed 24 years and 6 days of active service.
5. On 20 July 2010, the applicant was granted a divorce and it was ordered and decreed that she be restored to her maiden name "S____ L. M____."
6. Army Regulation 635-5 (Separation Documents) 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. In states that the DD Form 214 is a synopsis of the Soldier's 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 for correction of her DD Form 214 to show her name as "S____ L. M____" was carefully considered.
2. Her divorce decree shows she was restored to her maiden name "S____ L. M____" on 20 July 2010. However, this does not change the conditions and circumstances that existed at the time her service records were created. A copy of this Record of Proceedings will be filed in her records to show her current name.
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 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) AR20110014172
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ABCMR Record of Proceedings (cont) AR20110014172
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