BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018252
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 her last name be changed from V____- H___ to V____ on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 2001 and on Defense Enrollment Eligibility Reporting System (DEERS) related documents.
2. The applicant states she was divorced on 16 August 2006.
3. The applicant provides her Judgment and Decree of Absolute Divorce from the Circuit Court for Anne Arundel County, MD, dated 15 August 2006.
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. According to the "eBenefits" website, in order to update an individual's name in DEERS they must call the Defense Manpower Data Center (DMDC) Support Office at 800 538-9552, Monday through Friday, 5:00 am to 5:00 pm, Pacific Time for information concerning the required documents needed to process the name change. Mail the relevant name change document to the DMDC, including social security number, current phone number, and address to the DMDC Support Office, 400 Gigling Road, Seaside, CA 93955-6771. This information may also be faxed to the DMDC at 831 655-8317. There is no determination required by ABCMR; therefore, this issue will not be discussed further in these Proceedings.
3. On 5 September 1980, she enlisted in the Regular Army and continued to serve in an enlisted status.
4. On 28 February 1989, she requested her military records be changed to show her last name as V____. Her request was verified and approved.
5. U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ Orders 70-19, dated 10 April 1991, discharged her from her enlisted status and ordered her to active duty in the grade of WO1. Her last name on these orders is shown as V____.
6. On 15 May 1991, she was appointed a WO1 in the U.S. Army Reserve (USAR) and entered extended active duty. Her DA Form 71 (Oath of Office - Military Personnel) shows her last name as V____.
7. On 19 August 1993, she was promoted to chief warrant officer two (CW2). Her DA Form 71 shows her last name as V____.
8. All of the Officer Evaluation Reports (OER) that she received since being appointed a WO1 show her last name as V____.
9. Her DD Form 214 shows her last name as V____h___. Retirement Orders 022-0003, dated 22 January 2001, issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD, show her last as V____. Both documents show that she was retired from active duty effective 31 October 2001.
10. A certificate awarding her the Meritorious Service Medal, dated 6 November 2001, shows her last name as V____.
11. Her Officer Record Brief (ORB), with a brief date of 10 November 2001, shows her last name as V____ H___.
12. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military 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 and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
The applicant's DA Forms 71, orders for active duty, all of her OERs, and her retirement orders show her last name as V____. Only her DD Form 214 and ORB show a last name other than V____. The preponderance of evidence shows that since her appointment to WO1 she served using the last name of V____. Therefore, her last name on her DD Form 214 with a separation date of 31 October 2001 should be changed to V____.
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 amending her DD Form 214 with a separation date of 31 October 2001 to show
her name as shown on Headquarters, U.S. Army Garrison, Fort George G. Meade Orders 022-0003, dated 22 January 2001.
_______ _ 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.
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