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ARMY | BCMR | CY2011 | 20110015427
Original file (20110015427.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015427 


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 the resumption of her maiden name as P-----s instead of H------n.

2.  The applicant states her former name of "C----- Patrice P-----s" was restored at the time her divorce was granted.

3.  The applicant provides:

* a self-authored statement
* her divorce decree
* her Social Security Card

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 24 August 1981 as a cadet under the name C----- Patrice P-----s.

2.  On 28 March 1985, she tendered an appointment in the Regular Army of the United States in the rank of second lieutenant under the name C----- Patrice
P-----s.

3.  The applicant's DA Form 71 (Oath of Office – Military Personnel) shows that on 19 July 1985, she executed an oath office under the name C----- Patrice
P-----s.

4.  The following documents show the applicant's name as C----- Patrice B---s:

* Order Number 2-050, U.S. Total Army Personnel Command, Alexandria VA, dated 5 January 1990
* DA Form 1059 (Service School Academic Evaluation Report), dated 27 January 1994

5.  A memorandum from the U.S. Total Army Personnel Command, Alexandria, subject:  Selective Continuation on Active Duty, dated 18 July 2002, shows the applicant's name as H------n C----- P-----s.

6.  The applicant's name appears as C----- P-----s H------n from 2002 until her separation date on 31 August 2005.

7.  Orders 343-0008, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD, dated 8 December 2004, shows the applicant was retired in the rank/grade of major (MAJ)/O-4 on 1 September 2005, having completed 20 years, 1 month, and 12 days of creditable active service.  These orders show her name as C----- P-----s H------n.

8.  On 3 September 2009, the applicant divorced and she was granted the right to resume her maiden name of C----- Patrice P-----s.

9.  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 records to show her name as
C----- Patrice P-----s was carefully considered.

2.  Her divorce decree shows she was restored to her maiden name of C----- Patrice P-----s on 3 September 2009.  However, this does not change the conditions and circumstances that existed at the time her service records were created.


3.  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 maiden name in her military records as a result of her judgment for divorce, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

4.  The applicant is advised that a copy of this decisional document, which confirms the resumption of her maiden name, will be filed in her Official Military Personnel File (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 correct name documented in her OMPF.

5.  Changes of name based on changes of marital status subsequent to her
placement on the Retired List should be submitted to Commander, U.S. Army
Human Resources Command, ATTN:  AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.

6.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.

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.
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ABCMR Record of Proceedings (cont)                                         AR20110015427



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