BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017133 


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 military records to show her current last name.

2.  The applicant states her military records show her last name as "K---." However, her name was changed to "F-----" due to marriage.

3.  The applicant provides a copy of her marriage license and Social Security card.

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.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 15 January 1987.  At the time, her last name was "K---."  (Her social security number was also recorded in her records.)  The applicant further enlisted in the Regular Army on 24 March 1987 with the same last name.

   a. On an unspecified date in 1995, the applicant's last name was changed to "K--- - P--------."

   b.  On an unspecified date in 2002, the applicant's last name was changed to "K---."

3.  The applicant's Enlisted Record Brief, dated 13 October 2007, shows her last name as "K---."

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty on 24 March 1987, then retired from active duty on 30 September 2008, and transferred to the USAR Control Group (Retired).  It also shows in:

	a.  item 1 (Name), her last name as "K---" and

	b.  item 21 (Signature of Member Being Separated), the applicant signed the document.

5.  In support of her request the applicant provides the following documents:
   
   a.  State of Nevada, County of Clark, Marriage Certificate, that shows she married Jerry F. F----- on 27 August 2012.

   b.  Social Security card, issued on 25 July 2013, that shows her recorded social security number and her new last name (i.e., "F-----").

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the enlisted qualification record, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).
	b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 1 simply state to enter the name in all capital letters.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's military service records reflect her correct last name as it changed throughout the course of her military service.

2.  The applicant retired from active duty on 30 September 2008 and transferred to the USAR Control Group (Retired) effective 1 October 2008.  At the time, her last name was "K----."

3.  On 27 August 2012, the applicant's last name was changed to "F-----."

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documentation provided by the applicant is insufficient evidence to warrant a change to the name in her OMPF.

5.  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 her current last name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  A copy of this Record of Proceedings will be filed in the applicant's OMPF so a record of her current last name will be available.

8.  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 its policy is to refer retirees to the U.S. Army Human Resources Command to approve a name change.  The applicant should therefore provide officially authenticated supporting documentation to the:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY  40122, requesting approval of her request for name change on her Army (retired pay) records and informing 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)                                         AR20130017133



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ABCMR Record of Proceedings (cont)                                         AR20130017133



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