IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018313
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 (Armed Forces of the United States Report of Transfer or Discharge) to show her name as Michelle Elizabeth B--------- instead of Thomas Harry H-----.
2. The applicant states there were no errors on the part of the Army but she legally changed her name and she would like her military records to reflect this name change in order to apply for veterans benefits.
3. The applicant provides:
* a court order from the State of Indiana, Kosciusko Circuit Court, dated
20 June 2011
* Social Security Administration printout, dated 21 June 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 Army Board for Correction of Military Records (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. The applicant enlisted in the Regular Army on 29 May 1962 under the name Thomas Harry H-----.
3. A review of the applicant's military records shows all documents with the name Thomas Harry H-----.
4. On 28 May 1965, the applicant was released from active duty after completing 3 years of creditable active service. The DD Form 214 issued at the time shows her name as Thomas Harry H-----.
5. The applicant provides a court order issued by the State of Indiana, Kosciusko Circuit Court. It shows the circuit court judge granted the applicant's request for name change from Thomas Harry H----- to Michelle Elizabeth B---------. This document also reassigns the social security number belonging to Thomas Harry H----- to Michelle Elizabeth B---------.
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. 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 evidence of record confirms the applicant served in and was separated in the name that is listed on her DD Form 214 and all other documents filed in her official military personnel file (OMPF).
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 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 new name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. The applicant is advised that a copy of this decisional document, which confirms her new name, will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record and to satisfy her desire to have her new last name documented in her military record.
4. In view of the foregoing, her request should be denied.
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) AR20110018313
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018313
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004443
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. While the applicant's desire to have her records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214. The applicant is advised that a copy of this decisional document which confirms her legal name change will be filed in her official military personnel file (OMPF).
ARMY | BCMR | CY2009 | 20090010697
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his court-ordered name change from "W--e W----n S--p" to W--e S---h." He requests that his Social Security Number (SSN) also be changed from "2xx-5x-9xxx" to "7xx-2x-7xxx." The evidence of record shows that the applicant completed the Seaman Course during his ADT period from 6 July to 7 August 1979 and that he was awarded MOS 61B. ___________x____________ CHAIRPERSON I...
ARMY | BCMR | CY2011 | 20110021059
He does provide: * Court order, dated 27 September 2011 * DD Form 2656 (Data for Payment of Retired Personnel) (pages 3 and 4) * Army National Guard Retirement Points History Statement * DD Form 108 (Application for Retired Pay Benefits) CONSIDERATION OF EVIDENCE: 1. His DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty, and all other documents included in his Official Military Personnel File (OMPF) lists the first name he now claims is incorrect. The...
ARMY | BCMR | CY2001 | 2001060846C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That her Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show her current sex and name. EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2011 | 20110000363
ARMY | BCMR | CY2013 | 20130020665
The applicant requests amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her name from Rxxxxxx, William Rxxxx" to "Rxxxxxx, Laura Lxxx." Her DD Form 214 shows her name as "Rxxxxxx, William Roger." The documents contained in her Military Personnel Records Jacket (MPRJ) identify her as "Rxxxxxx, William Roger," the name she used at the time of her enlistment and throughout her period of military service.
ARMY | BCMR | CY2011 | 20110001605
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the last name on her military records. 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 served in and was separated in the last name that is listed on her ERB, DD Form 214, and all other documents that were filed in her OMPF subsequent to 18 June 2003, the date of her...
ARMY | BCMR | CY2009 | 20090015565
Application for correction of military records (with supporting documents provided, if any). At the time the applicant enlisted with parental consent on 12 January 1973, he spelled his last name as MICHALES and he served all of his military service with his name spelled that way and his signature reflected the same spelling. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current name,...
ARMY | BCMR | CY2011 | 20110017822
The applicant requests correction of his military records to show his last name spelled as Th-----er-- instead of Th-----u--. While he provides a Certified Record of Birth, social security card, and interim/extension Indiana operator card that show his name as Th-----er--, he enlisted, served, and was honorably released from the military under the last name shown in his military records. The applicant is advised that a copy of this decisional document, along with his application and the...
ARMY | BCMR | CY2012 | 20120013646
The applicant requests, in effect, correction of his records to show he elected to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. A Soldier must initially request to transfer benefits on the DOD TEB online database. However, there is no evidence of record and he provided no evidence which shows he attempted to transfer his Post 9/11 GI Bill benefits to his dependents other than his daughter (Michelle)...