IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130001862
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, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a new last name.
2. The applicant states, in effect, that she remarried and desires her records reflect her new last name.
3. The applicant provides copies of her marriage license and DD Form 214.
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 11 January 1983 for a period of 3 years. She remained on active duty through a series of continuous reenlistments and served under two different names during her active duty career. She was promoted to the pay grade of E-6 on 22 February 1988.
3. On 31 January 2003, she was honorably retired and was placed on the Retired List effective 1 February 2003. She had served 20 years and 20 days of active service and was serving under the last name that is reflected on her
DD Form 214.
4. On 31 December 2012, she remarried and her last name was changed to Sanxxx.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time of retirement the applicant's DD Form 214 was properly prepared to reflect the name she was serving under at the time in accordance with the applicable regulation.
2. 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 change her last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the last name recorded in her military record and to satisfy her desire to have her correct last name documented in her AMHRR.
4. However, if it is applicants 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 they approve her name change and inform DFAS when it has been approved.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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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