BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003615
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 military records to reflect her last name as C----n instead of W---n.
2. She states correction of her records was not properly completed prior to her discharge.
3. She provides her marriage certificate and Social Security card.
CONSIDERATION OF EVIDENCE:
1. On 14 April 2009, she enlisted in the Regular Army.
2. She provides a copy of a marriage certificate showing she married a person with the last name of C----n on 15 September 2011. She also submits a Social Security card issued on 26 October 2011 showing her last name as C----n.
3. All documents throughout her official military personnel file (OMPF) show her last name as W----n, including numerous documents completed and signed by her after the date of her marriage in September 2011.
4. On 12 January 2012, the applicant submitted a DA Form 4187 (Personnel Action) requesting voluntary separation under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy. Her printed last name and signature on this form reflects "W----n."
5. On 30 January 2012, she was honorably discharged from active duty by reason of pregnancy or childbirth. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as W----n. It also shows she esigned this form with the last name of "W----n."
6. There is no evidence of record and she did not provide any evidence showing she requested a legal name change through her unit at any time on or after her marriage in September 2011 or before her discharge on 30 January 2012.
7. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 6 states a Soldier must submit a DA Form 4187 (Personnel Action) accompanied by an authenticated copy of a certificate of marriage for processing a legal name change.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of her military records to show she served under the last name of C-----. However, there is no evidence she submitted a request accompanied by the required documentation for a legal name change to her unit. Her records show she served throughout her tenure in the military under the last name of W----.
2. In the absence of compelling information to the contrary, there is an insufficient evidentiary basis for changing her records to show her last name as C----n since evidence indicates she appropriately served under the last name she provided upon her entry into the Army.
3. 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 correct last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms her correct last 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 correct last name documented in her OMPF.
5. Regulatory policy does not provide for entering the applicant's married last name in item 1 (Name) of her DD Form 214. However, since she did marry while still on active duty, it would be appropriate to amend item 18 (Remarks) of her DD Form 214 to show her married name.
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 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 item 18 of her DD Form 214 to show her married name as shown on the Social Security card issued on 26 October 2011, which she provided.
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 correction of her military records to reflect her last name as C----n instead of W---n.
___________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) AR20120003615
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