IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005463
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 (Certificate of Release or Discharge from Active Duty) and her discharge orders from the U.S. Army Reserve (USAR) to show her name as SGE vice SMM.
2. She states:
* her name was legally changed on 28 December 2011, in Washington County Court, Hillsboro, Oregon
* the paperwork was sent through her former unit, the 214th Aviation Regiment, but was not followed up on
* she did not know this until she received her discharge papers in her old name
3. She provides:
* her DD Form 214
* a General Judgment of Name Change
* Orders
* an Application, License, and Record of Marriage
* her Driver License
* her Geneva Convention Identification Card
CONSIDERATION OF EVIDENCE:
1. On 30 June 2009, the applicant enlisted in the USAR and was ordered to active duty for training on 28 September 2009 using the name as SMM. She was released from active duty on 16 October 2010, after serving for 1 year and 17 days. The DD Form 214 she was issued shows her name as SMM in item 1 (Name).
2. She submitted a General Judgment of Name Change which shows that her name was legally changed from SMM to SGS on 28 December 2011.
3. Orders Number 12-142-00015, dated 21 May 2012, show she was discharged from the USAR on 20 June 2012, under the name SMM.
4. She submitted:
a. an Oregon Department of Human Services, Application, License, and Record of Marriage, dated 28 October 2013, which shows in item 22 (Bride's Legal Name Taken After Marriage), the name SGE;
b. her Oregon Driver License, which shows her name as SGE; and
c. her Geneva Convention Identification Card, which shows her name as SGS.
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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's name was SMM at the time she was released from active duty on 16 October 2010. Her legal name change to SGS did not occur until 28 December 2011. Her marriage to "E____" did not occur until 28 October 2013, 3 years after she was released from active duty. 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 name is correct as constituted on her DD Form 214.
2. The evidence of record shows the applicant's name was SGS at the time she of her discharge from the USAR on 20 June 2012. Her marriage to "E____" did not occur until 28 October 2013, more than 12 months after she was discharged. Therefore, she is not entitled to have the standard name line in Orders Number 12-142-00015, changed to show her name as SGE.
3. The applicants requested correction is a little confusing. She specifically asks that her name be changed to SGE (when she married E____ in 2013), but then contends that her name was legally changed in December 2011 (when she changed her name from SMM to SGS). Therefore, it appears that her DD Form 214 is correct (she separated in October 2010, when her name was still SMM). But if she really intended to change the name on her discharge orders to SGS, she may reapply to the Board.
4. 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. There appears to be no compelling reason to compromise the integrity of the Armys records by changing her name and DOB at this late date.
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) AR20140005463
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005463
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050015569C070206
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show his naturalized name of E____ D_____ C____. The applicant is requesting correction of an alleged error or injustice which occurred on 2 July 1991, the date of his release from active duty.
ARMY | BCMR | CY2013 | 20130000135
IN THE CASE OF: BOARD DATE: 23 July 2013 DOCKET NUMBER: AR20130000135 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of her military records to show her name and gender change. ABCMR Record of Proceedings (cont) AR20130000135 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000135 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | 20140001582
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Aside from his active service from 23 January to 7 June 1985 for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days that would have...
ARMY | BCMR | CY2015 | 20150005321
On 14 February 2013, both the applicant and SSG E____ K____ D____ were issued no-contact orders. On 26 May 2013, E____ K____ D____ filed a complaint with the State of North Carolina Cumberland County Magistrate against the applicant for threatening her children's life, her life, and putting his hands on her. d. She then asked the applicant a question about his wife and son and he grabbed her arms and slammed her against the wall and told her to never talk about his wife like that again and...
ARMY | BCMR | CY2010 | 20100009870
Item 12 (Record of Service), block b (Separation Date This Period), shows "970919" (i.e., 19 September 1997). There are no orders or other evidence in the applicant's military personnel records that shows he held the rank of PFC/E-3 at any time during the period of active service that is under review in this case. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents...
ARMY | BCMR | CY2014 | 20140021645
The applicant requests correction of her DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and other identifying documents to show her: * name as K____a J___e O___n vice K_____h E____e O___n II * gender as male vice female 2. The evidence of record shows upon the applicant's enlistment and reenlistment in the RA, the applicant's name was listed as K_____h E____e O___n II and this is the name listed on the applicant's DD Forms 214 for the periods ending 26...
ARMY | BCMR | CY2011 | 20110016617
An 8 April 2008 DD Form 4/1 shows the applicant enlisted in the Regular Army for 3 year and 2 weeks, all of which was to be served on active duty. The applicant served in the ARNG from 25 January 2002 through 19 September 2007, in the USAR from 20 September 2007 through 7 April 2008, and on active duty in the Regular Army from 8 April 2008 through 14 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the...
ARMY | BCMR | CY2011 | 20110010754
His DD Form 47 (Record of Induction) shows his original SSN was marked through and he was assigned a temporary identification number (TIN) of 9xx-xx-xxxx. He provided a copy of his social security card which shows his SSN as 4xx-xx-xxxx which is different from the SSN recorded throughout his military records. Although the applicant's social security card shows the SSN of 4xx-xx-xxxx, it appears he did not have confirmation of this information when he processed for induction or during his...
ARMY | BCMR | CY2013 | 20130011766
Counsel provides copies of the following documents: * FSM's Chronological Statement of Retirement Points * FSM's Death Certificate * Final Judgment of Dissolution of Marriage * Mediation Agreement * 20-year letter * email messages, dated March 2013 * Military Pension Division Order * former attorney's letter to DFAS, dated 28 December 2009 * extract of DODFMR 7000.14-R * HRC letter, dated 19 January 2012 * applicant's Application for Survivor Annuity, dated 30 January 2012 * HRC letter,...
ARMY | BCMR | CY2013 | 20130009717
The applicant requests correction of her DD Form 214 (Certificate of Release from Active Duty) to show to show her name as "S____ E____ R____." The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's name as "J____ D____ R____" and gender as male. The applicant contends that her DD Form 214 should be modified to show her current name change as a result of gender reassignment surgery.