BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007318
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 that her last name be shown as "Fox" on all her military records.
2. The applicant states she entered the military using her maiden name of "Fox" and now that she is divorced she would like all her military records to reflect her maiden name. Her name has been updated in the Defense Enrollment Eligibility Reporting System (DEERS). She states, in effect, that she is concerned that the difference in her current and former last names may cause issues with receipt of Department of Veterans Affairs benefits.
3. The applicant provides:
* self-authored statement
* DA Form 4187 (Personnel Action)
* judgment of dissolution of marriage
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. On 1 October 1986, she enlisted in the Regular Army.
3. The DD Form 4 (Enlistment or Reenlistment Agreement) shows her last name as "Fox."
4. On 6 January 1989, her request to have her last name changed from "Fox" to "Gross" following her legal marriage in the County of Comanche, Oklahoma on 26 November 1988, was approved.
5. The documents in her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, subsequent to the above date show her last name as "Gross."
6. She was honorably released from active duty on 30 September 1989 at the expiration of her term of service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows her last name as "Gross."
7. On 30 September 1994, she was honorably discharged from the U.S. Army Reserve Control Group (Reinforcement).
8. She provides a judgment of dissolution of her marriage dated 30 December 1999. It shows her last name was to be restored to "Fox."
DISCUSSION AND CONCLUSIONS:
1. Her record shows she initially entered the military and served using the last name of "Fox." Subsequent to the approval to change her last name, on
6 January 1989, her last name is shown as "Gross" on the documents in her records including her discharge orders.
2. She provides a judgment of dissolution of marriage showing on 30 December 1999 she changed her last name to her former name of "Fox."
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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have her military records changed to reflect the changes she requested, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in her AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in her military record after her marriage and that which she now uses.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130007318
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