BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019216
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name changed from "T____" to "S___k."
2. She states she has divorced and would like to return to her prior name of "S___k."
3. She provides her divorce decree.
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 enlisted in the Regular Army on 23 July 1985 under the last name "S___n." She completed 21 years and 8 days of active service and was honorably retired on 30 July 2006.
3. A review of her records shows she requested to change her last name to "S___k" on 5 April 1994. This name consistently appeared throughout her remaining service. Item 1 (Name Last, First, Middle) of her DD Form 214 shows her last name as "S___k."
4. She provided a copy of her divorce decree issued by the District Court of Riley County, Kansas, that verifies she used the last name "T____" after she was married on 12 August 2007. She was divorced on 29 April 2013. This decree also shows her maiden name was "S___k."
5. Army Regulation 635-5 (Separation Documents), in effect at that time, stated 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 stated to enter the individual's last, first, and middle name in all capital letters in item 1 and to include "SR," "JR," or "II," if appropriate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's last name was "S___k" at the time she retired on 31 July 2006. Her marriage to "T____" did not occur until 12 August 2007, more than 12 months after she retired. Her divorce did not occur until 29 April 2013, more than 6 years after she retired and was issued her DD Form 214. As cited in the above 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 Form 214, and it already shows her last name as S___k.
2. However, 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 it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change. The applicant should therefore provide supporting documentation to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, requesting approval of her name change and inform DFAS when it has been approved.
3. 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 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) AR20130019216
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