BOARD DATE:	  24 October 2014

		DOCKET NUMBER:  AR20130004227 


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 record to show her last name as 
B_____ - G________ instead of E______.

2.  The applicant states her military records needs to be changed due to her marriage.

3.  The applicant provides a copy of her marriage certificate, dated 25 January 2013.

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 was born on 13 February 1949.  Her records show she initially enlisted in the U.S. Army Reserve (USAR), on 10 February 1983, for a period of 6 years.  Her DD Form 4 (Enlistment/Reenlistment Document) shows her last name as B_______.

3. The applicant's DA Form 2-1 (Personnel Qualification Record) includes entries that show her last name of B______ was lined through, E______ was entered, and (P_____) was entered in parentheses.  It also shows she reviewed this document and authenticated it with her signature by signing her last name as E______ on 17 April 1999.

4.  Her Army Military Human Resource Record (AHMRR) (previously known as the Official Military Personnel File) contains a SGLV-8286 (Servicemembers' Group Life Insurance Election and Certificate), dated 18 April 1999, which lists her last name as E________ and she signed using this last name.  This document contains an entry which shows it was prepared to change her name or update her beneficiary.

5.  All documents on file in the applicant's AHMRR prepared subsequent to 17 April 1999 list the last name she now claims is incorrect.

6.  On 2 October 2008, Headquarters, 100th Division (IT), issued Orders Number 08-276-00002, releasing the applicant from her current assignment and assigning her to the Retired Reserve due to completion of 20 or more years of qualifying service for retired pay at age 60, effective on 31 October 2008.  This order also lists her last name as E_______.

7.  The applicant provides a copy of her marriage certificate, which shows she was married on 25 January 2013 to her spouse whose last name is G________.

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for 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 to correct her records to reflect her married name was carefully considered.  While it is understood why she would want her records changed to reflect her new married or current legal name, the evidence of record confirms she served in and was separated in the last name of E______, which is the last name that is listed on the documents that are filed in her AMHRR.

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.  Absent any evidence that the applicant has actually suffered an injustice based on the last name recorded in her military records, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct her last name at this time.

3.  This Record of Proceedings along with the applicant's application and supporting documents will be filed in her AMHRR in order to provide clarity and to deal with any confusion that might arise regarding her married name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military records regarding the last names under which she served.

4.  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 documents to:  Commander, Human Resources Command,
ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, 
Kentucky  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:

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)                                         AR20130004227



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ABCMR Record of Proceedings (cont)                                         AR20130004227



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