BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008527
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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her name change.
2. She states that on the date of her retirement she had been authorized a name change due to divorce. She did not have the court order in her possession. She now requests her DD Form 214 be updated to reflect the court order.
3. She provides her DD Form 214, a Dissolution of Marriage (Divorce) Judgment, and a Dissolution Agreement.
CONSIDERATION OF EVIDENCE:
1. On 15 August 2002, the applicant enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP). The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) completed at that time shows her last name as "McC----." On 16 January 2003, she was discharged from the DEP and enlisted in the Regular Army.
2. The documents she provides show she married on 2 September 2010. A review of her service records shows that, subsequent to her marriage, she used the last name "McN---."
3. On 18 February 2014, she was retired for permanent disability. Item 1 (Name) of the DD Form 214 issued at that time shows her last name as "McN---."
4. An Enlisted Record Brief (ERB), dated 19 February 2014, shows her last name as "McN---."
5. In a letter to the U.S. Army Human Resources Command (HRC), dated 15 April 2014, she requested her last name be changed. She stated her request was due to her divorce and that at the time of her retirement her last name was "McN---" as shown on her DD Form 214. In support of her request she provided the Dissolution of Marriage (Divorce) Judgment and Dissolution Agreement included with her application to this Board. These documents show she was divorced on 27 June 2013. The judgment was modified on 18 September 2013 to restore the last name "McC----" to her.
6. On 16 June 2014, The Adjutant General issued a DD Form 1343 (Notification of Change in Service Member's Official Records) confirming that her name change to "McC----" had been recorded in the official service records.
7. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 6 states that to request a name change a Soldier must submit a DA Form 4187 (Personnel Action) accompanied by substantiating documentation
8. Army Regulation 635-5 (Separation Documents), in effect at the time of her retirement, established standardized policy for preparing and distributing the DD Form 214. It stated for item 1 to enter the name in all capitals and to compare the ERB to the enlistment contract for a possible name change.
9. Army Regulation 635-8 (Separation Processing and Documents) replaced Army Regulation 635-5 effective 10 March 2014. For item 1 of the DD Form 214 it states to review the official record for possible name changes. If a name change has occurred, list other names of record in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was divorced and was granted a name change prior to her retirement. It appears she did not use the available procedure to change her name in her record until after she retired. As a result, her married name was recorded on her DD Form 214. When she retired, only the current name of record was required to be entered on the DD Form 214.
2. Shortly after she retired, the regulation governing preparation of the DD Form 214 changed. The current regulation requires that other names of record be entered in item 18 of the DD Form 214. In light of the available evidence, it would be appropriate to add an entry to item 18 of her DD Form 214 listing the name shown on the DD Form 4 she signed on 15 August 2002.
BOARD VOTE:
___x_____ __x______ _x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding an entry to item 18 of her DD Form 214 listing the name shown on the DD Form 4 she signed on 15 August 2002
_______ _ 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) AR20140008527
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