IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008219
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 records to show her name change.
2. The applicant states she legally changed her name 6 May 2010.
3. The applicant provides a copy of a City of New York Order Granting Leave to Change Name, dated 6 May 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant was honorably released from active duty (REFRAD) on
7 November 2001.
2. The applicant provided a document showing she legally changed her name on 6 May 2010.
3. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant changed her name on 6 May 2010, which was subsequent to her 7 November 2001 REFRAD.
2. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name she served under. 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. While it might be understandable that the applicant now desires the record show her current name, in the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in the Army Military Human Resource Record (AMHRR). This should serve to clarify any questions or confusion in regard to the difference in the name in her military record and to satisfy her desire to have her current name shown in the AMHRR.
4. In view of the above, the applicant's request should be denied.
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 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) AR20100023544
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008219
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021704
IN THE CASE OF: BOARD DATE: 30 July 2013 DOCKET NUMBER: AR20120021704 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. She states, in effect, she is divorced and she would like her retirement DD Form 214 to reflect her maiden name. Her DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted using her maiden name.
ARMY | BCMR | CY2012 | 20120008745
BOARD DATE: 15 November 2012 DOCKET NUMBER: AR20120008745 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her records to show her last name change. The evidence shows the applicant changed her last name on 2 April 2012, which was subsequent to her 30 November 2001 retirement.
ARMY | BCMR | CY2012 | 20120007979
The applicant's Army Military Human Resource Record (AMHRR) contains the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) prepared during her enlistment processing. The evidence of record confirms she served on active duty and was separated under the first name that is listed on her DD Form 4, DD Form 214, and all other documents filed in her AMHRR during the period in question. __________X______________ CHAIRPERSON I certify that herein is recorded the true...
ARMY | BCMR | CY2013 | 20130010342
Application for correction of military records (with supporting documents provided, if any). The applicant requests her records be corrected to show her married last name. Evidence shows she married in March 2013 and apparently changed her last name, almost 2 years after her retirement on 30 April 2011.
ARMY | BCMR | CY2012 | 20120019980
BOARD DATE: 20 December 2012 DOCKET NUMBER: AR20120019980 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests removal of permanent orders awarding her the Parachutist Badge from her official Army Military Human Resource Record (AMHRR), formerly known as official military personnel file (OMPF). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Revoking Permanent Orders 044-279, issued by Headquarters,...
ARMY | BCMR | CY2013 | 20130007490
A review of every document contained in the applicant's military personnel record for all periods of service shows she served under SSN "xxx-xx-xxx3" throughout her tenure of service. Although the applicant requests to correct her DD Form 214 to show her SSN as it is listed on her Social Security card, all of the documents in her military service record show she served in the Army using the SSN as listed on her DD Forms 214. The applicant is advised that a copy of this decisional document...
ARMY | BCMR | CY2012 | 20120009267
The applicant requests correction of her military records to show her gender as female. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. It appears the same gender (male) was recorded at the time of the applicant's enlistment in 1980 and alleged separation from active duty in 1995.
ARMY | BCMR | CY2013 | 20130004227
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her record to show her last name as B_____ - G________ instead of E______. 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.
ARMY | BCMR | CY2013 | 20130013100
The applicant requests removal of a DA Form 67-9 (Officer Evaluation Report (OER)) covering the period 3 February 2007 through 2 July 2007 (hereafter referred to as the contested OER) from the performance folder of her Army Military Human Resource Record (AMHRR). She provides numerous memoranda of support from various senior Army officers, including her senior rater at the time she received the contested OER. In this case, there is no evidence the contested OER was unjust or untrue or...
ARMY | BCMR | CY2012 | 20120012501
The applicant requests removal of three DA Forms 2627 (Records of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), dated 22 September 1976, 25 October 1977, and 22 August 1979, that are filed in the performance section of her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. All punishments were suspended, except for the forfeiture of $100.00 pay for one month, which was imposed by the last NJP. As a result, the...