IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004446
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 record to show her last name as Bi_____ instead of Ro---.
2. The applicant states she was married at Fort Drum on 26 May 2012.
3. The applicant provides a copy of a Certified Transcript of Marriage as evidence to support her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that after having prior enlisted service, she was appointed a Reserve commissioned officer in the rank of second lieutenant and swore her oath of office. The DA Form 71 (Oath of Office) she completed on 21 December 2001 lists and she authenticated this document by signing the last name that she now claims is incorrect.
2. The applicant's Officer Record Brief (ORB) dated 16 May 2006 contains the last name the applicant now claims is incorrect.
3. On 2 June 2006, the applicant retired from active duty due to a permanent disability. She completed 4 years, 5 months, and 12 days of creditable active duty service. Her DD Form 214, which was prepared upon her retirement, lists the same last name she now claims is incorrect.
4. All military documents filed in the applicant's Official Military Personnel File (OMPF) show her last name as Ro---. There are no documents in her OMPF that contain the last name Bi-----.
5. The Certified Transcript of Marriage, as provided by the applicant, shows her last name as Bi-----.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 applicant contends her record should be corrected to show her last name as B------. However, she admits her last name was changed by marriage on
26 May 2012, after her retirement from active duty.
2. 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 that the applicant desires to now record the last name shown on her marriage certificate in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. The applicant is advised that a copy of this decisional document, be filed in her OMPF. This should serve to clarify any questions or confusion regarding the difference in the last name recorded on her DD Form 214 and to satisfy her desire to have her original first name documented in her OMPF.
4. 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, 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.
5. In view of the foregoing, the applicant's request should be denied.
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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