IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004974
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 reflect her name change.
2. The applicant states her last name, first name, middle name is shown:
* in her records as "Mor__, Kar__ Bar__"
* in current legal documents as "Men__, Kar__ Eli___."
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* Social Security Account Card
* Department of Veterans Affairs (VA) Form 21-686c (Declaration of Status of Dependents
* North Carolina Marriage Certificate
* Massachusetts Marriage Certificate
* Massachusetts Divorce Decree
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Massachusetts Army National Guard (MAARNG) on 29 January 1985 using her maiden name of "Bar__, Kar__ Eli__."
2. On 6 June 1987, the applicant married. Her last name changed from "Bar__" to "Mor__" in her service records; however, her name was then recorded in her service records as "Mor__, Kar__ Bar__."
3. On 24 July 1990, the applicant and her husband were divorced. The Certificate of Divorce Absolute, Commonwealth of Massachusetts, is silent as to a name change for the applicant.
4. The applicant served in an Active Guard Reserve (AGR) status from 22 June 1988 to 31 January 2009, when she retired by reason of sufficient service for retirement. Her DD Form 214 shows her name as "Mor__, Kar__ Bar__."
5. On 5 February 2012, the applicant remarried, this time taking the last name of "Men__." The North Carolina marriage license shows her name as "Kar__ Eli__ Mor__ (Bar__)."
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 establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity 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.
2. The applicant's service personnel records show:
* she enlisted under her maiden name of "Bar__, Kar__ Eli__"
* her name for an unknown reason was changed in marriage to "Mor__, Kar__ Bar__"
* she retired as "Mor__, Kar__ Bar__"
3. The applicant's middle name is "Eli__" not "Bar__." "Bar__" was her maiden name. Her DD Form 214 with an effective date of 31 January 2009 should be corrected.
4. The applicant remarried in 2012; her name is now "Men__, Kar__ Eli__." While her desire to have her records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214 (as corrected).
5. The applicant is advised that a copy of this decisional document which confirms her legal surname change will be filed in her Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion regarding the difference in the surname in her AMHRR and to satisfy her desire to have her current legal surname documented in her AMHRR.
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 the DD Form 214 of the individual concerned be corrected by changing her middle name (initial) in Block 1 from "B" to "E."
2. The Board further determined that the evidence presented was 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 changing her last name in Block 1 of her DD Form214.
__________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.
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