IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021579
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as M____.
2. The applicant states she wants her last name changed because she was divorced as of 18 April 2012 and had her last name restored to her maiden name.
3. The applicant provides her 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's records show she enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 3 May 2005. Her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her last name as M____. She was discharged from the DEP on 18 May 2005.
3. She enlisted in the Regular Army on 19 May 2005. Her records contain a DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB) Basic Enrolment), dated 23 May 2005, and a memorandum, dated 12 September 2005, wherein both documents show her last name as M____.
4. The applicant married on 5 May 2006 and changed her last name to S____. Other than the three documents listed above, her records contain numerous personnel, finance, medical, and legal documents that all show her last name as S____. She authenticated many of these documents by placing her signature in the appropriate block using this last name.
5. She was discharged under honorable conditions on 9 November 2009. She completed 4 years, 5 months, and 21 days of net active service.
6. Item 1 (Name) of her DD Form 214 shows her last name as S____.
7. The applicant provides a Commonwealth of Kentucky divorce decree, dated 18 April 2012, wherein it dissolved her marriage and restored her last name to her maiden name of M____.
8. Army Regulation 635-5 (Separation Documents) establishes standardized policy for 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. The evidence of record confirms the applicant changed her last name to S____ upon her marriage in 2006 and this is the last name she used throughout the last 3 years and 6 months of her active duty service.
2. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty. There are no provisions in the governing regulation to change the name on the DD Form 214 to reflect a name acquired (or reacquired) after the Soldier's release from active duty. Her DD Form 214 correctly shows her last name as S____, the name she held at the time of her release from active duty. Therefore, she is not entitled to the requested relief.
3. 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. In the absence of compelling information to the contrary, there is no basis for changing the applicants last name in this case. However, a copy of this Record of Proceedings will be filed in her military records to explain the difference between her current name and her name of record.
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) AR20120021579
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ABCMR Record of Proceedings (cont) AR20120021579
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