IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012077
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 M__R.
2. The applicant states she got married on 24 May 2014.
3. The applicant provides:
* marriage certificate
* DD Form 214
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 retired on 30 September 2004 in the rank of major.
3. Item 1 (Name) of her DD Form 214 shows her last name as M__Y.
4. She provided a certificate of marriage, dated 24 May 2014, showing her husband's last name as M__R.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and 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. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her retirement.
2. The evidence shows she was married in May 2014 almost 10 years after her retirement and apparently changed her last name.
3. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document which confirms her marriage will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name recorded in her OMPF and to satisfy her desire to have her marriage documented in her military records.
5. If the applicant's wishes to update her retired pay records, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is its 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, U.S. Army Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, requesting approval of her name change and then inform DFAS when it 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) AR20140012077
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ABCMR Record of Proceedings (cont) AR20140012077
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