IN THE CASE OF:	  


		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20110025139 


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 last name as B___r and to accurately reflect each of her periods of enlistment and total amount of service.

2.  The applicant states she needs her DD Form 214 corrected to show the dates of her first enlistment, the period of her third enlistment, and her total amount of prior service.  She contends that she enlisted on 2 February 1977 and served on active duty continuously until 21 March 1988 with no breaks in service.  She needs her DD Form 214 to accurately reflect her service so she can pay back a portion of the time toward her civil service retirement.  She would like her DD Form 214 to show her last name as B___r instead of S_____r because she is divorced and currently using her maiden name.

3.  The applicant provides her DD Form 214; a letter from the Defense Finance and Accounting Service located in Denver, CO; and an Office of Personnel Management (OPM) Form 1514 (Military Deposit Worksheet).  She states she also enclosed copies of her divorce documents showing her change in last names from S_____r to B___r, but no additional documents accompanied her application.

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's record shows she enlisted in the Regular Army on 2 February 1977.  Her DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows her last name as B___r at the time.

3.  Her record contains a DA Form 4187 (Personnel Action), dated 6 February 1978, which shows she had recently married and requested to have last name changed from B___r to S_____r in all official records.  A thorough review of every document contained in her available military personnel records dated after that date, many of which bear her signature, shows her last name consistently appears as S_____r.

4.  On 30 November 1979, the applicant executed an immediate reenlistment contract for a period of 3 years.

5.  On 9 September 1982, the applicant executed an immediate reenlistment contract for a period of 3 years.

6.  On 11 May 1984, the applicant executed an immediate reenlistment contract for a period of 4 years.

7.  The applicant's DA Form 2A (Personnel Qualification Record, Part I), dated 10 June 1987, shows both her Pay Entry Base Date and Basic Active Service Date as 2 February 1977.

8.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II) shows she enlisted on 2 February 1977 and served continuously through 21 March 1988, the date of her honorable discharge.

9.  The applicant's continuous periods of enlistment depicted in year, month, and day (YYMMDD) format were as follows:

* 770202-791129, a period of 2 years, 9 months, and 28 days
* 791130-820908, a period of 2 years, 9 months, and 9 days
* 820909-840510, a period of 1 year, 8 months, and 2 days
* 840511-880321, a period of 3 years, 10 months, and 11 days
* Combined total for 770202-880321, a period of 11 years, 1 month, and 20 days

10.  The applicant's DD Form 214 contains the following information:

	a.  Item 1 (Last Name - First Name - Middle Name) shows her last name as S_____r.

	b.  Item 12a (Date Entered Active Duty This Period) shows "79  11  30."

	c.  Item 12b (Separation Date This Period) shows "88  03  21."

	d.  Item 12c (Net Active Service This Period) shows "08  03  22."

	e.  Item 12d (Total Prior Active Service) shows "02  09  28."

	f.  Item 12e (Total Prior Inactive Service) shows "00  00  00."

	g.  Item 18 (Remarks) shows "Reenlistments this period:  791130-820908, 020909-840510, 840511-880321."

11.  The applicant's record is void of any additional DD Forms 214.

12.  Army Regulation 635-5 (Separation Documents), 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 Soldier's 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's contention that her DD Form 214 should be corrected to accurately reflect each of her periods of enlistment her total amount of service were carefully considered and determined to have merit.

2.  Evidence shows she served continuously through a series of immediate reenlistments during the period 2 February 1977 through 21 March 1988 (770202-880321), a period of 11 years, 1 month, and 20 days.  Therefore, she is entitled to have her date of entry and net active service properly reflected in item 12 of her DD Form 214.  Additionally, she is entitled to have each period of enlistment annotated in item 18.

* 770202-791129
* 791130-820908
* 820909-840510
* 840511-880321

3.  The applicant's contention that her military records and DD Form 214 should be changed to show her last name as B___r was carefully considered and determined to lack merit.

4.  The evidence of record shows that following her marriage and associated name change from B___r to S_____r her last name consistently appeared as S_____r on every document in her available service personnel records throughout her remaining period of service.  She authenticated several of these documents by placing his signature in the appropriate blocks.

5.  The Army has an interest in maintaining the accuracy 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.

6.  Her contentions that she is divorced and her legal last name is now B___r are duly noted.  However, this does not change the conditions and circumstances that existed at the time her service records were created.

7.  The applicant is advised that a copy of this decisional document will be filed in her official military personnel file (OMPF).  This should serve to clarify any questions that may arise regarding the name recorded in the applicant's military records and satisfy her desire to have the requested name documented in her OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 in the following manner:

* deleting the current entries from items 12a, 12c, and 12d
* deleting the entry "Reenlistments this period:  791130-820908, 020909-840510, 840511-880321" from item 18
* adding the entry "77  02  02" to item 12a
* adding the entry "11  01  20" to item 12c
* adding the entry "00  00  00" to item 12d
* adding the entry "Reenlistments this period:  770202-791129, 791130-820908, 820909-840510, 840511-880321" to item 18

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her military records and DD Form 214 to show her last name as B___r.  



      _______ _   __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)                                         AR20110025139





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ABCMR Record of Proceedings (cont)                                         AR20110025139



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