IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140013040
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 DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 November 2002, to show her last name as "W----r" instead of "C-----."
2. The applicant states she was recently divorced and the judge ordered the change to her last name.
3. The applicant provides a copy of her divorce decree.
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. On 24 July 1974, the applicant was born under the last name "W----r." On
14 August 1995, as a result of marriage, her last name changed to "W------s."
3. On 20 March 1997, she enlisted in the Regular Army. Her DD Form 4 (Enlistment/Reenlistment Agreement Armed Forces of the United States) shows her last name as "W------s."
4. On 7 April 1998, she completed a DA Form 4187 (Personnel Action), wherein she requested that her last name be changed from "W-----s" to "W----r" as a result of her divorce. On 8 April 1989, her request for name change was approved.
5. On 24 October 2000, she reenlisted in the Regular Army under the last name "W----r." On 2 February 2001, she was promoted to the rank/grade of sergeant/E-5. Her promotion orders show her last name as "W----r."
6. On an unknown date following the date her promotion orders were published, she married again and her last name was changed to "C----r."
7. On 2 November 2002, she was honorably discharged from the Army. The DD Form 214 she was issued shows her last name as "C----r."
8. The applicant provides a copy of her Final Decree of Divorce, issued by the 310th Judicial District Court in Harris County, Texas, in which her last name is ordered changed from "C----r" to "W----r," effective 6 May 2014.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214, for the period ending 2 November 2002, to show her last name as "W----r" instead of "C----r" was carefully considered.
2. The applicant changed her last name to "C----r" as a result of marriage during her period of military service and this name is properly recorded on her DD Form 214. She has not provided any documentation that shows her last name was legally restored to "W----r" prior to her release from active duty.
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. It is understandable that she now desires to record her current last name on her DD Form 214; however, there is not a sufficiently compelling reason for compromising the integrity of her DD Form 214.
4. The applicant is advised that a copy of this decisional document will be filed in her military records. This should serve to clarify any questions or confusion regarding the difference between the last name recorded on her DD Form 214 and the last name she now uses.
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) AR20130007318
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