IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140003761
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 (Report of Separation from Active Duty), for the period ending 13 February 1978, to show her last name as L------ instead of H----.
2. The applicant states she got married after she got out of the service. She was married on 26 February 1978.
3. The applicant provides her marriage license.
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 3 April 1970. Her DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows she enlisted using her maiden name of H----. She was honorably discharged on 13 February 1974, for the purpose of immediate reenlistment. The DD Form 214 issued for this period shows her last name as H----.
3. She reenlisted on 14 February 1974 using her maiden name of H----.
4. The documents in her service record consistently reflect her last name as
H----.
5. She was honorably discharged on 13 February 1978, at her expiration of term of service. The DD Form 214 issued to her for this period of service lists her last name as H----.
6. She provided a copy of her marriage certificate that shows she married H.J. L------ on 26 February 1978.
7. Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of her DD Form 214, for the period ending 13 February 1978, to show her last name as L------ was carefully considered.
2. She was discharged from active duty on 13 February 1978. She was married on 26 February 1978 and her last name changed to L------.
3. 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 that she now desires to record her married name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the different name in her military records and to satisfy her desire to have her record show she currently uses her married name.
5. 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.
ABCMR Record of Proceedings (cont) AR20140003761
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ABCMR Record of Proceedings (cont) AR20140003761
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