IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010019
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 last name as
"Cxxxxxx" instead of "Wxxxxxxxx."
2. The applicant states she was married on 28 December 2013 and as a result, her last name changed from "Wxxxxxxxx" to "Cxxxxxx."
3. The applicant provides a copy of her marriage certificate, a letter from the Social Security Administration (SSA), dated 10 January 2004, and a photocopy of her new 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 U.S. Army Reserve (USAR) on 11 March 1976. Item 5 (Last NameFirst NameMiddle Name) of her DD Form 4 (Enlistment /Reenlistment Document Armed Forces of the United States) shows her last name as "Sxxxxxxxxx."
3. She served in numerous positions of increased responsibility, through multiple periods of reenlistment. On an unknown date during her period of USAR service, prior to 1986, her last name changed to "Wxxxxxxxx."
4. On 1 December 2009, she was promoted to the rank/grade of sergeant major (SGM/E-9, and on a later date, she was laterally appointed to the rank of command sergeant major (CSM).
5. On 11 March 2012, she was reassigned to the Retired Reserve. Her retirement orders show her last name as "Wxxxxxxxx."
6. The documents contained in her official military personnel file (OMPF) identify her primarily by the last name "Wxxxxxxxx." None of the documents contained in her OMPF identify her by the last name she is requesting, indicating she did not use the requested last name during her period of military service.
7. She provides her marriage certificate, a letter from the SSA, and a photocopy of her new social security card, all of which show that her last name is now "Cxxxxxx." Her marriage certificate indicates she was married and assumed her current last name on 28 December 2013.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. 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. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her records should be corrected to show her current last name.
2. The evidence of record shows her current last name resulted from her marriage on 28 December 2013, and she did not use that last name at any point prior, including her entire period of military service.
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. While it is understandable that she now desires to record her current last name throughout her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
4. Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed her military service records were correct at the time and there is insufficient evidence to grant relief in this case.
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) AR20100016239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010019
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