Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120021704
Original file (20120021704.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20120021704 


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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her maiden name instead of her married name.

2.  She states, in effect, she is divorced and she would like her retirement DD Form 214 to reflect her maiden name. 

3.  She provides her retirement DD Form 214 and divorce decree.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 September 1988.  Her DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted using her maiden name.

2.  She was married on 5 October 1992.

3.  She was released from active duty on 31 May 1994 and her DD Form 214 for this period of service shows her married name.  

4.  She was divorced on 9 February 2001 and her maiden name was restored effective 26 November 2001.

5.  She remarried on an unknown date.   

6.  She again enlisted in the Regular Army on 21 August 2006, under the last name Lxxx.

7.  She was retired from active duty on 23 May 2010 by reason of permanent physical disability.  The DD Form 214 issued to her for this period of service lists her married name of Lxxx. 

8.  She provided a copy of her divorce decree which shows she was divorced on 10 May 2012 and as part of the final judgment of dissolution of marriage her last name was restored to her maiden name, effective 28 June 2012.

9.  Army Regulation 635-5 (Separation Documents) governs 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.  The applicant’s request for correction of her retirement DD Form 214 to show her maiden name was carefully considered.

2.  She retired on 23 May 2010.  She was divorced on 10 May 2012 and as part of the divorce agreement her last name was restored to her maiden name. 

3.  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.  While it is understandable the applicant desires to now record her maiden name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document will be filed in her Army Military Human Resource Record (AMHRR) (formerly the official military personnel file).  This should serve to clarify any questions or confusion in regard to the different names in her military records and to satisfy her desire to have her record show she currently uses her maiden name.

5.  However, if it is the applicant's retired pay records that she wishes to update the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide supporting documentation to:  Commander, Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122 requesting approval of her name change and inform DFAS when it has been approved.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 that 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)                                         AR20120021704



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021704



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120004974

    Original file (20120004974.txt) Auto-classification: Approved

    The applicant requests correction of her records to reflect her name change. 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__." 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.

  • ARMY | BCMR | CY2014 | 20140019200

    Original file (20140019200.txt) Auto-classification: Denied

    Although the applicant provides evidence of a divorce, it occurred after her retirement from service (emphasis added). __________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) AR20140019200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019200 2 ARMY BOARD FOR...

  • ARMY | BCMR | CY2013 | 20130019216

    Original file (20130019216.txt) Auto-classification: Denied

    A review of her records shows she requested to change her last name to "S___k" on 5 April 1994. The evidence of record shows the applicant's last name was "S___k" at the time she retired on 31 July 2006. Her divorce did not occur until 29 April 2013, more than 6 years after she retired and was issued her DD Form 214.

  • ARMY | BCMR | CY2012 | 20120002266

    Original file (20120002266.txt) Auto-classification: Approved

    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 | CY2013 | 20130008363

    Original file (20130008363.txt) Auto-classification: Denied

    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 | CY2011 | 20110019267

    Original file (20110019267.txt) Auto-classification: Denied

    The documents contained in her military records show she served under the last name of G____. Her records do not show she changed her last name at the time to S____. She provides documentation showing she changed her last name after her discharge.

  • ARMY | BCMR | CY2012 | 20120010256

    Original file (20120010256.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her married name rather than her maiden name. The applicant’s DD Form 4/1 (Enlistment Record – Armed Forces of the United States) shows she reenlisted on 2 September 2005 using her maiden name. _______ _ 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.

  • ARMY | BCMR | CY2011 | 20110015427

    Original file (20110015427.txt) Auto-classification: Denied

    The applicant requests correction of her military records to show the resumption of her maiden name as P-----s instead of H------n. 2. The applicant states her former name of "C----- Patrice P-----s" was restored at the time her divorce was granted. A memorandum from the U.S. Total Army Personnel Command, Alexandria, subject: Selective Continuation on Active Duty, dated 18 July 2002, shows the applicant's name as H------n C----- P-----s. 6.

  • ARMY | BCMR | CY2008 | 20080005993

    Original file (20080005993.txt) Auto-classification: Denied

    The military documents that are on file in the applicant’s Official Military Personnel File show that the applicant served under the last name of J****** until sometime in 1984 and then served under the name of W******* up until her release from active duty in 1985. There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if her last name is not changed on her DD Form 214 as requested. _______ _ X _______ ___ CHAIRPERSON I certify that...

  • ARMY | BCMR | CY2014 | 20140021483

    Original file (20140021483.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and other official records to show her last name as G_____ vice A_____. This document stated, "Your military records have been corrected to show the change you requested. She was remarried after her retirement and her DD Form 214 was prepared as a record of her service at the time of retirement from active duty.