IN THE CASE OF:	  

		BOARD DATE:	    14 November 2013

		DOCKET NUMBER:  AR20130004921 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 1 October 1991, to show her last name as "Morris" vice "Meier." 

2.  The applicant states she was married on 19 February 1994 to a person with the last name "Morris." 

3.  The applicant provides her DD Form 214 and marriage license. 

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 completed a DD Form 398 (Statement of Personal History) on 14 May 1971.  She listed her last name as "Meier" and authenticated this form with her signature using this last name.  

3.  She enlisted in the Regular Army on 14 May 1971 and reenlisted on 28 September 1973.  Her DD Forms 4 (Enlistment Contract - Armed Forces of the United States) and allied documents listed her last name as "Meier."  In each case, she authenticated each form and allied documents with her signature using the same name. 

4.  Her DA Form 20 (Enlisted Qualification Record) which was created upon her entry on active duty also listed her last name as "Meier." 

5.  She was honorably discharged on 15 August 1978.  Item 1 (Last Name, First Name, Middle Name) of her DD Form 214 (Report of Separation from Active Duty) listed her last name as "Meier."  

6.  She enlisted in the U.S. Army Reserve (USAR) on 16 August 1978.  Her DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) listed her last name as "Meier."  She authenticated this form with her signature using this name.  

7.  She enlisted in the Connecticut Army National Guard (CTARNG) on 2 March 1980.  She served through multiple extensions in the ARNG and she attained the rank/grade of staff sergeant (SSG)/E-6.  She entered active duty on 14 August 1982.

8.  Her DA Form 2-1 (Personnel Qualification Record) that was created upon her entry on active duty also listed her last name as "Meier."  She authenticated this form with her signature and reviewed this document using the same last name.

9.  Her service record contains multiple documents, including the following documents that show her last name as "Meier."  She authenticated those documents requiring her signature with the same name:

* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination) 
* Promotion, assignment, and separation orders

10.  She was honorably released from active duty on 1 October 1991 to the control of the ARNG.  Item 1 (Name - Last, First, Middle) of her DD Form 214 for this period of service shows her last name as "Meier."  
11.  She discharged from the ARNG and transferred to the Retired Reserve on 2 April 1992.  Both her discharge orders and National Guard Bureau Form 22 (Report of Separation and Record of Service) listed her last name as "Meier."  

12.  She provides a marriage license which shows she and a person with the last name "Morris" were united in marriage on 19 February 1994. 

13.  Army Regulation 635-5 (Separation Documents) 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 evidence of record shows upon her enlistment in the Regular Army in 1971 and reenlistment in 1973, the applicant listed her last name as "Meier."  When she enlisted in the USAR in 1978 and subsequently in the ARNG in March 1980, she also used the last name "Meier."  She entered active duty in August 1982 and used this last name throughout her service.  

2.  This last name is consistent with the last name on all documents in her service record.  She authenticated several documents by placing her full signature in the appropriate block, indicating that her name was correct.  There is no evidence she used the requested full name at any time during her military service.  She did not marry and change her name to “Morris” until after she left active duty/active status.

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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 a different last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  

4.  Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is no reason to change it.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130004921





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ABCMR Record of Proceedings (cont)                                         AR20130004921



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