IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024866
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her married name instead of her maiden name.
2. The applicant states she was married on 15 October 2011.
3. The applicant provides a:
* DD Form 214
* Marriage License
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's military record shows she enlisted in Regular Army (RA) on 19 January 1979 under the last name of Rxxx. On 31 October 1980, her last name was changed to Mxxxxxxxt due to marriage.
3. She was honorably retired on 31 August 1997. Item 1 (Last Name - First Name - Middle Name) of her DD Form 214 shows her last name as Mxxxxxxxt.
4. The military documents that are contained in her official military personnel file show she was serving under the last name of Mxxxxxxxt in 1997 at the time of retirement.
5. She provided documentation showing her last name changed after she was retired as a result of marriage on 15 October 2011.
6. Army Regulation 635-5, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active service. It provided 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 enlisted in the RA in 1979 under the last name of Rxxx and she was married and changed her last name to Mxxxxxxxt on 31 October 1980. She continued to serve using this last name until she retired in 1997. Therefore, her DD Form 214 was issued using this last name. The name change that she now requests occurred subsequent to her 1997 retirement. Therefore, her military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting the requested relief.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing item 1 of her DD Form 214.
3. A copy of this decisional document will be filed in her service records. This should serve to clarify any questions or confusion regarding the different names and adequately document her current last 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 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) AR20110024866
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ABCMR Record of Proceedings (cont) AR20110024866
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