IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140012763
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 that her military records be corrected to show her married legal name.
2. The applicant states, in effect, that she married in 1998 and is having many problems in the civilian world regarding the difference in her last name.
3. The applicant provides copies of her marriage certificate, driver license, and 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 Regular Army on 31 August 1984. She completed her training as a combat signaler and remained on active duty using the name that is reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. On 25 June 1991, she was honorably retired by reason of temporary physical disability. Her DD Form 214 issued at the time of her placement on the Temporary Disability Retired List (TDRL) reflects the name she enlisted under and served all of her service under.
4. On 29 March 1993, she was removed from the TDRL and was permanently retired with a 30% disability rating.
5. The marriage certificate provided by the applicant shows she was married on 14 November 1998 and changed her last name to her spouses last name.
6. A review of the Integrated Web Services revealed that an individual at the U.S. Army Human Resources Command called the applicant in June 2014 and explained to her that she would need to send a court document to change her name.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the name under which she was serving at the time she was retired and her DD Form 214 correctly reflects that information. Her name was legally changed when she married in 1998 which was subsequent to her retirement. Accordingly, there is no error or injustice in his case.
2. 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 the applicant desires to now change her name in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document along with her application will be filed in her official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and her current name.
4. Additionally, the applicant should provide appropriate 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 pertinent entities when the change 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 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) AR20140012763
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ABCMR Record of Proceedings (cont) AR20140012763
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