BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130019750
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 "R-----." However, her name was changed to "S---------" due to marriage. She updated her name change in the Defense Enrollment Eligibility Reporting System (DEERS). She recently learned that her name change was not updated in her military records or the Defense Finance and Accounting Service (DFAS) system.
3. The applicant provides copies of her marriage license, Social Security card, and two U.S. Uniformed Services Identification (ID) cards.
CONSIDERATION OF EVIDENCE:
1. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant served in the Army National Guard of the United States (ARNGUS) and New Jersey Army National Guard (ARNG) from 21 April 1997 through 23 January 2002. It shows her last name as "R-----."
2. An NGB Form 22 shows the applicant served in the ARNGUS and Virginia ARNG from 12 June 2004 through 22 March 2005. It shows her last name as
"R-----."
3. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 29 December 2009. It shows her last name as "R-----" and that she signed the document with that last name.
4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered active duty on 29 December 2009, retired from active duty on 20 November 2012 based on a permanent disability, and transferred to the U.S. Army Reserve (USAR) Control Group (Retired). It also shows in:
a. Item 1 (Name), her last name as "R-----."
b. Item 21 (Member Signature), the applicant digitally signed the document.
5. In support of her request the applicant provides the following documents:
a. State of Texas, County of Bell, Marriage Certificate, that shows she married Edward C. S--------- on 13 February 2013.
b. Social Security card, issued on 19 March 2013, that shows her recorded social security number and her new last name (i.e., "S---------").
c. Two U.S. Uniformed Services ID cards (i.e., a U.S. Army (Retired) card and a dependent (Spouse) card). Both cards show her new last name
("S---------").
6. Army Regulation 635-5 (Separation Documents) at the time prescribed 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 established 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 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 throughout the course of her military service.
2. The applicant retired from active duty on 20 November 2012 and transferred to the USAR Control Group (Retired) effective 21 November 2012. At the time, her last name was "R-----."
3. On 13 February 2013, the applicant's last name was changed to "S---------" as a result of marriage.
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 of the name in her OMPF.
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. 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 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) AR20130019750
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