BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130008363
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) to show her last name as "Norman" instead of "Howard."
2. She states that due to a divorce she was granted her maiden name of "Norman."
3. The applicant provides:
* Marriage License, filed on 24 March 1982
* DD Form 214 for the period ending 20 May 1982
* official court-ordered name change affidavit, filed on 17 April 2012
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 21 May 1979, the applicant enlisted in the Regular Army under the last name of "Norman."
3. On 9 March 1982, she married. A review of her record shows her last name was changed from "Norman" to "Howard" shortly after her marriage. Thereafter, she consistently used the last name of "Howard."
4. On 20 May 1982, she was honorably released from active duty at the completion of required service and transferred to the U.S. Army Reserve (USAR). The DD Form 214 she was issued at the time shows her last name as "Howard."
5. On 6 December 1990, she was ordered to active duty in support of Operation Desert Shield/Desert Storm. On 5 July 1991, she was honorably released from active duty at the expiration of her term of service. She completed 7 months of net active service for this period. The DD Form 214 she was issued for this period of service shows her last name as "Howard."
6. She provided a copy of her official court-ordered name change affidavit that verifies after her divorce, her maiden name of "Norman" was restored on 23 February 2012.
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states to enter the individual's last, first, and middle name in all capital letters.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's last name was "Norman" at the time of her initial enlistment in the Regular Army; however, prior to her release from active duty she married on 9 March 1982 and changed her last name to "Howard" as shown on her DD Form 214 for the period ending 20 May 1982.
2. She continued to serve in the USAR under the last name of "Howard." Based on her active duty service in support of Operation Desert Shield/Desert Storm, she was issued a subsequent DD Form 214 for the period ending 5 July 1991. The DD Form 214 for this period of service also shows her last name as "Howard."
3. Her divorce and the subsequent restoration of her maiden name to "Howard" did not occur until 23 February 2012, almost 30 years after the initial issuance of her DD Form 214.
4. As cited in the above Army regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of separation. Therefore, her last name is correct as constituted on her DD Forms 214.
5. 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. While it is understandable that the applicant desires to have her last name changed on her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
6. She is advised that a copy of this decision document will be filed in her Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to her last name recorded in her military records and the last name she currently uses.
7. In view of the foregoing, there is no 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.
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