IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110016585
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 the name in her military record and on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states she is requesting a name change to her military records based on marriage.
3. The applicant provides a marriage certificate in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she was honorably retired on 30 September 2008, in the rank of staff sergeant/E-6, after completing 20 years and 18 days of active military service.
2. The record shows the applicants last name at the time of her retirement was Lxxxxn which is the name recorded in her Enlisted Records Brief (ERB), dated 21 November 2007, in item 1 (Name) of her DD Form 214, and in documents and orders in her Official Military Personnel File (OMPF).
3. On 19 August 2010, the applicant was married and her last name became Rxxxxxxxxn.
4. The applicant provides a copy of marriage certificate showing she was married on August 2010 in Hinesville, Georgia.
5. 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 states the name as it is recorded in the military record at the time of separation will be entered in item 1 of the DD Form 214. There are no regulatory provisions providing for changes to data on the DD Form 214 that occur subsequent to separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the name recorded in her military records to her married name has been carefully considered. However, while it is understandable why the applicant would like the name in her military records changed to the name she now uses as a result of her marriage, 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.
2. The available evidence shows the applicant served, and was separated under the name as it is listed in her ERB, her DD Form 214, and on documents, and orders in her OMPF. As a result, there is an insufficient evidentiary basis to support a change to the name recorded in her record based on a marriage that took place subsequent to her separation from active duty.
3. This Record of Proceedings will be filed in her military record. This will provide clarity and deal with confusion arising from the difference in the name in her military records and the name that she now uses due to her marriage while guaranteeing the historical integrity of the of the applicant's military record regarding the name 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) AR20110016585
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ABCMR Record of Proceedings (cont) AR20110016585
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