IN THE CASE OF:
BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120021275
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 "G____" vice "B____" and to add award of the Army Commendation Medal.
2. The applicant states she would like the last name on her DD Form 214 to be corrected to show her family name of "G____" vice her married name of "B____."
She left military service because she got married. Unfortunately, her ex-husband turned out to be abusive. She is third-generation Army and would greatly appreciate having her records restored to her family name.
3. The applicant provides her DD Form 214 and divorce decree.
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 enlisted in the Regular Army on 12 August 1980 under the last name "G____." She held military occupational specialty 91T (Animal Care Specialist) and attained the rank/grade private first class/E-3.
3. Her records contain a marriage license showing she was married on 4 June 1982.
4. Her records contain a DA Form 4187 (Personnel Action), dated 10 June 1982, showing she requested to change her last name to "B____" on all of her official military records as a result of her marriage. Her request for her name change was approved on 11 June 1982.
5. Her DA Form 2-1 (Personnel Qualification Record Part II) shows her last name as "B____" and does not list the Army Commendation Medal among her awards.
6. Her records do not contain a recommendation or orders for award of the Army Commendation Medal.
7. She was honorably discharged on 1 October 1982. Her DD Form 214 shows her last name as "B____" and does not list the Army Commendation Medal.
8. She provided a divorce decree which shows she was divorced from her husband on 30 August 1984.
9. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
10. 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. The DD Form 214 is a synopsis of the Soldiers 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. The evidence of record shows she used two last names during her military service, her birth name and her married name. On 1 October 1982, she was discharged from active duty under the last name "B____" and this name is recorded on her DD Form 214.
2. The Army has an interest in maintaining the integrity 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. In the absence of compelling information to the contrary, there is no basis for changing the applicants name in this case. However, a copy of this Record of Proceedings will be filed in her military records so documentation of her current name will be readily available.
3. There is no evidence in the available records that shows she was awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of orders, there is insufficient evidence to correct her DD Form 214 to show award of the Army Commendation Medal.
4. Based on the forgoing, there is insufficient evidence to grant relief in this case.
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) AR20120021275
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021275
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