IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140008384
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 records to show her name as TJZ vice TJD-S.
2. The applicant states:
* she remarried and would like her name changed in her record to reflect her legal name
* she applied for this change in 2011; however, her records were unavailable because they were signed out to another agency
* her service record shows her name as TJD-S, but her current name is TJZ
3. The applicant provides her Certification of Marriage.
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 was commissioned as an officer in the U.S. Army Reserve and ordered to active duty on 18 July 1979. Orders Number A-02-44268, dated 8 February 1979, lists her name as TJC.
3. Her records contain a DA Form 4187 (Personnel Action), which shows on:
a. 16 March 1980, due to marriage, she changed her name from TJC to TJD; and
b. 15 February 1992, due to remarriage, she changed her name from TJD to TJD-S.
4. On 31 August 1994, she retired after completing 15 years, 1 month, and 13 days of active military service. Item 1 (Last Name First Name Middle Name) of her DD Form 214 shows her name as D-S, TJ.
5. She provides a Certification of Marriage, dated 5 January 2006, that shows she was remarried and declared her surname (last) as Z____ on 14 December 2005.
6. 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 TJD-S at the time she was retired on 31 August 1994. Her marriage to "Z" and her legal name change to TJZ did not occur until 14 December 2005, 11 years after she was retired. Therefore, her name is correct as constituted on her DD Form 214 and her records.
2. 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.
3. This Record of Proceedings will be filed in her Official Military Personnel File to provide clarity and to resolve any confusion that may arise regarding the difference in the name she used when she served on active duty and the name she currently uses.
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, 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) AR20140008384
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ABCMR Record of Proceedings (cont) AR20140008384
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