IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003377
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 records to show her name change.
2. The applicant states her name changed as a result of her divorce.
3. The applicant provides a copy of her Summary Judgment of Divorce.
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. On 4 January 1991, the applicant enlisted in the U.S. Army Reserve under a married last name of "P____t." On 12 March 1999, she enlisted in the Regular Army under the same last name.
3. The applicant remarried on 18 April 1994 and she completed a DA Form 4187 (Personnel Action) requesting that her last name be changed in her official record to "P____d," that of her current spouse. Her request was approved on 26 April 1994.
4. The applicant was retired by reason of physical disability on 8 June 1995. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as "P____d."
5. The applicant submits a Summary Judgment of Divorce which shows she was divorced on 6 January 2012 and allowed to resume her maiden name of "S____."
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 states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and her supporting evidence has been considered.
2. The applicant's records properly show the last names she served under during her Army service.
3. She did not divorce until after her retirement from active military service and the documents contained in her official records properly reflect this information.
4. In view of the foregoing, the applicant's 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 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) AR20120003377
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003377
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021704
IN THE CASE OF: BOARD DATE: 30 July 2013 DOCKET NUMBER: AR20120021704 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. She states, in effect, she is divorced and she would like her retirement DD Form 214 to reflect her maiden name. Her DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted using her maiden name.
ARMY | BCMR | CY2011 | 20110017703
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Hxxxxx" instead of "Dxxxxxx." ABCMR Record of Proceedings (cont) AR20110017703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017703 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2010 | 20100019395
The applicant requests correction of her records to show her last name as Brxxxxxx-Spxxxxx instead of Spxxxxx on her DD Form 214 (Certificate of Release or Discharge from Active Duty). There is no evidence of record or independent evidence that suggests the last name recorded on the applicant's DD Form 214, dated 13 August 1994, exhibits a material error or injustice. While the applicant provides a court document, filed on 6 December 1999, showing her last name of Spxxxxx was changed to...
ARMY | BCMR | CY2012 | 20120002266
The applicant requests: a. a second Army Commendation Medal (ARCOM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty); b. item 11 (Primary Specialty) of her DD Form 214 be corrected to show she served in her military occupational specialty (MOS) for 11 years, 10 months, and 22 days; and c. her last name be changed. Section IX (Assignment Information) of her Enlisted Record Brief (ERB) shows: * her duty MOS was 92B from 4 May 1993 to 4 December 1996 (for a...
ARMY | BCMR | CY2011 | 20110005773
d. On 27 November 2007, the applicant's former spouse submitted an application to the ABCMR requesting the applicant's military records be corrected to show she was entitled to make a deemed election for SBP benefits. On 13 August 2008, the ABCMR considered an application submitted by the applicant's former spouse [copy located at Tab J] wherein she requested that his military records be corrected to show he requested to change his SBP election from spouse to former spouse in accordance...
ARMY | BCMR | CY2013 | 20130008363
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Norman" instead of "Howard." The evidence of record shows the applicant's last name was "Norman" at the time of her initial enlistment in the Regular Army; however, prior to her release from active duty she married on 9 March 1982 and changed her last name to "Howard" as shown on her DD Form 214 for the period ending 20 May 1982. ABCMR Record of Proceedings...
ARMY | BCMR | CY2014 | 20140008527
An Enlisted Record Brief (ERB), dated 19 February 2014, shows her last name as "McN---." She stated her request was due to her divorce and that at the time of her retirement her last name was "McN---" as shown on her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding an entry to item 18 of her DD Form 214 listing the name shown on the DD Form 4 she signed on 15 August 2002 _______ _ x _______...
ARMY | BCMR | CY2013 | 20130008968
BOARD DATE: 6 February 2014 DOCKET NUMBER: AR20130008968 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that: a. her last name be changed on her military records; and b. her disability rating be increased from 80% to 100%. Since the applicant's military records show her last name as Fxxxx, this portion of her request will not be discussed further in these proceedings.
ARMY | BCMR | CY2014 | 20140003406
The applicant states she was married to the retired Soldier at the time of retirement, but somehow he was able to end her entitlement to SBP benefits without her concurrence. In a letter from the applicant to DFAS, Retired Pay, dated 2 March 2012, the applicant stated that she was informed on 23 February 2012 that her former husband and retired Soldier had failed to obtain SBP at the time of his retirement in March 1993. The available evidence shows the retired Soldier was married at the...
ARMY | BCMR | CY2010 | 20100000166
Records show that, upon retirement from the Army, the FSM elected SBP with spouse coverage. The evidence of record indicates the FSM maintained SBP spouse coverage following his divorce from the applicant and through his date of death. d. Assuming the divorce required the FSM to maintain SBP coverage, the evidence of record shows that neither the FSM nor the applicant took the necessary action to change the FSM's SBP election from spouse to former spouse coverage within 1 year of the divorce.