IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120000623
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 his military records to reflect his name as O---- M. M---- instead of M---- O. M----.
2. He states his legal name was changed prior to his final discharge.
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Live Birth
* Amendment of Birth Record to Reflect Court Order Change of Name
* Ventura Superior Court Decree Changing Name
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. On 29 January 1997, he enlisted in the Army National Guard (ARNG) under the name M---- O. M----. His enlistment contract authenticated in his own hand shows his name as M---- O. M----.
3. On 15 December 1999, he was discharged from the ARNG and as a Reserve of the Army.
4. On 16 December 1999, he enlisted in the U.S. Army Reserve (USAR) under the name M---- O. M----.
5. He provides his DD Form 214 showing he was ordered to active duty in support of Operation Enduring Freedom for the period 7 March 2003 through 16 June 2004.
6. He provides a copy of a decree from the Ventura Superior Court which shows his name was changed from M---- O---- M---- to O---- M M---- on 9 September 2005.
7. Orders 06-306-00017 show he was discharged from the USAR on 15 November 2006.
8. All documents throughout his official military personnel file (OMPF) show his name as M---- O. M----.
DISCUSSION AND CONCLUSIONS:
1. He requests correction of his military records to show he served under the name of O---- M. M----. However, his records show he enlisted and served in both the ARNG and USAR under the name of M---- O. M----.
2. 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.
3. In the absence of compelling information to the contrary, there is an insufficient basis for changing his records which existed prior to the Ventura Superior Court decree changing his name to O---- M. M---- on 9 September 2005 since he appropriately served under the name he provided upon his entry into the Army.
4. However, his name was changed prior to his discharge from the USAR. Therefore, it would be appropriate to amend Orders 06-306-00017 discharging him from the USAR on 15 November 2006 to show his name as that shown on the Ventura Superior Court decree changing his name effective 9 September 2005.
5. A copy of this decisional document which confirms the applicant's name change will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different names under which he served.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by amending Orders 06-306-00017 discharging him from the USAR on 15 November 2006 to show his name as that shown on the Ventura Superior Court Decree Changing Name.
2. The Board further determined 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 correcting his remaining military records to show his name as that shown on the Ventura Superior Court Decree Changing Name.
____________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) AR20120000623
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120000623
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100018866
On 20 July 2009, a court order awarded the applicant interest in the military retired pay of the FSM. Thus, it would be appropriate to correct the record to show the FSM changed his SBP election from spouse to former spouse on the date of his divorce from the applicant and to provide the applicant all SBP annuity payments due from the date of the FSM's death. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the...
ARMY | BCMR | CY2010 | 20100029782
Application for correction of military records (with supporting documents provided, if any). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicant requests correction of his military service records to change his name to B - - - - - E - - - M - - - - - Jr instead of S - - - - - - F - - - - - - - - M - - - - - - -.
ARMY | DRB | CY2006 | AR20060012668
She stated also that she would like to return to military service and needs an upgrade of her characterization of service in order for her to do so. Current ENL Service: 1 Yrs, 9 Mos, 9 Days ????? Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 11 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | BCMR | CY2009 | 20090012836
In addition, he requests that his military records be corrected to show he elected RCSBP former spouse coverage. The applicant's military records show that he was honorably separated from the New Mexico ARNG on 31 January 2008 and he was transferred to the Retired Reserve. If he is requesting only that his RCSBP coverage be changed from insurable interest to former spouse, based on the evidence of record he has already been refunded the difference in premiums between insurable interest...
ARMY | BCMR | CY2009 | 20090005343
The applicant requests that the records of her former spouse, a retired service member (SM), be corrected to show she correctly filed a request for a deemed election for former spouse Survivor Benefit Plan (SBP) coverage. The applicant contends that the records of her former spouse, a retired SM should be corrected to show she correctly filed a request for a deemed election for SBP former spouse coverage. The evidence of record shows that the applicant, Rose, and the SM were divorced on 21...
ARMY | BCMR | CY2010 | 20100013098
The evidence of record confirms the applicant served under the same last name of B---------d from 24 February 1976 when her last name changed by reason of marriage, through 1 April 1987 when she divorced and elected not to change her last name, until she retired from active duty on 30 April 1997 under the same last name. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her current full name,...
ARMY | BCMR | CY2014 | 20140003974
Any retiree who is married and elects spouse coverage at retirement, then divorces that spouse and elects former spouse coverage for the former spouse, cannot elect to cover his/her current spouse upon the former spouse's death. The law shows that a retiree who elected to provide former spouse coverage may elect to change that coverage to spouse coverage. Therefore, the applicant is entitled to correction of his records to show SBP with spouse coverage (reduced amount), with his current...
ARMY | BCMR | CY2009 | 20090013464
Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member's agreement) in those cases where the retiree had elected spouse coverage at retirement or was still on active duty and had not yet made an SBP election. The applicant contends that the records of her former spouse, a retired SM, should be corrected to show she timely filed a request for a deemed election for SBP former spouse coverage. Notwithstanding the August 2008 order by the...
ARMY | BCMR | CY2014 | 20140002583
If he met all the necessary requirements, he could apply for retirement benefits (including retired pay) at age 60. c. She was also advised that, if her divorce decree specifies that she was to be designated as a former spouse beneficiary for the SBP, she must make a "deemed election" for SBP coverage within one year of the date of her divorce directly to the Retired Pay office. Records show the FSM completed the necessary qualifying service to receive retired pay at age 60 upon...
ARMY | BCMR | CY2013 | 20130017031
The applicant requests the removal from his Army Military Human Resource Record (AMHRR) of the orders that revoked the orders promoting him to the rank/grade of staff sergeant (SSG)/E-6. As he was not in a promotable status to SSG on 1 March 2007, in compliance with the governing regulation Orders 07-073-00017, dated 14 March 2007, were properly revoked on 16 March 2007. The flag was lifted on 18 April 2007 and he was subsequently promoted to SSG with a DOR of 1 March 2007.