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 applicants 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
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