IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004700
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 as R____.
2. The applicant states she was married on 7 December 2013.
3. The applicant provides her marriage license, DD Form 214, DD Form 2 (Armed Forces of the United States Identification Card U.S. Army Retired), 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. The applicant enlisted in the Regular Army on 14 March 1989 under the last name P____. On 14 December 1992, she reenlisted under the last name M____. A review of her records shows she used this last name for the remainder of her active duty service.
3. She retired on 31 March 2009. Her DD Form 214 shows her last name as M____.
4. She provides a copy of her marriage certificate, retiree identification card, and social security card that all show her current last name as R____.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing 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 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. A review of the applicant's records shows she initially served under the last name P____. On 14 December 1992, she reenlisted under the last name M____ and served under the last name M____ until her retirement in 2009.
2. While it is understandable that she now desires to record her current name on her DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
3. 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.
4. She is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and the name shown on her retiree identification card and social security card.
5. If she wishes to update her retired pay records, 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 (HRC) to approve a name change. She should therefore provide supporting documentation to: Commander, HRC, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, requesting approval of her name change and inform DFAS when that action 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 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) AR20130018335
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004700
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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