IN THE CASE OF:	  

		BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140019465 


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 (Report of Separation from Active Duty) and DD Form 256A (Honorable Discharge Certificate) to show her name as S____ M____ K____ instead of S____ M____ N____.

2.  The applicant states:

* she was married in August 1975 and she was divorced in January 1977 while serving on active duty
* her marriage was technically a "paper marriage" because she and her husband did not share a domicile
* she changed her name to facilitate a joint domicile assignment
* she wants her DD Form 214 to show her maiden name, the name she used when she entered active duty
* she requested a name change prior to her discharge in March 1977, but she was told the necessary paperwork could not be completed in time because she was leaving active duty in 2 months, so her request was denied
* she verbally requested the same change prior to receiving her final discharge papers at Fort Dix, NJ, and she was again told she had to accept her discharge with her married name
* she worked as a civilian employee for the U.S. Army after her discharge and she repeatedly expressed her disappointment over the name on her DD Form 214
* she was repeatedly told there was nothing to be done and she later discovered the Army Board for Correction of Military Records (ABCMR)
* she believes the denial of her name change is discriminatory and is a mistake that should be a simple administrative correction
* she has written numerous letters to the National Personnel Records Center and Congressional leaders over the years and she has been met with denials and/or no responses

3.  The applicant provides:

* self-authored statement
* divorce decree
* DD Form 214
* DD Form 215 (Correction to 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 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 26 March 1974 under the name S____ M____ K____.

3.  Headquarters, 7th Infantry Division and Fort Ord, CA, Special Orders Number 237, dated 25 August 1975, changed her name from S____ M____ K____ to S____ M____ N____ by reason of marriage.

4.  She provided a copy of her divorce decree, dated 17 January 1977, that shows the court granted her restoration of her maiden name to S____ M. K____.

5.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was assigned to Headquarters and Headquarters Company, 3d Armored Division, Germany, from 1 December 1975 until her departure for the continental United States on 15 March 1977.

6.  Headquarters, U.S. Army Training Center and Fort Dix, Orders 75-181, dated 16 March 1977, assigned her to the U.S. Army Transfer Point, U.S. Army Training Center and Fort Dix, NJ, for separation processing.

7.  On 16 March 1977, she was honorably discharged.  Her DD Form 214 shows her name as S____ M____ N____.

8.  She provided a self-authored statement, dated 1 November 2014, wherein she described her marriage as a "paper marriage."  She and her husband were denied joint domicile assignments, but she had already changed her name.  She and her husband divorced on 17 January 1977, but her discharge orders had already been requested and name change orders could not be completed prior to her expiration term of service.  The U.S. Army consistently denied her requests to change her name to her maiden name.

9.  Her records are void of and she failed to provide evidence showing she submitted a request for name change prior to her discharge.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It 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.

11.  Army Regulation 600-2 (Name and Birth Data, Social Security Number, and Temporary Identification Number), in effect at the time, prescribed procedures governing procurement, issuance, recording, and changing several items of personal information normally used as personnel identifiers.  It stated:

	a.  The individual must request a change of record when required.  The approval authority for the change was delegated to the immediate commander or his or her designee.

	b.  A change of record of name would be authorized only with evidence of an authenticated copy of certificate of marriage, divorce decree, or court order.

	c.  Action to change a record would be initiated only when there was reasonable assurance that it would be completed during the individual's stay at an installation.

	d.  Changes would be published in special orders and distributed to all interested commands.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she enlisted under the name S____ M____ K____ on 26 March 1974.  She later married and changed her name to S____ M____ N____.

2.  She divorced on 17 January 1977 and the court granted her name change to S____ M____ K____.

3.  Her records are void of and she failed to provide evidence showing she submitted a timely name change request along with a copy of her divorce decree to her immediate commander.  Further, given the time of her divorce and the time she departed Germany for the continental United States, it is reasonable to presume there was not enough time to process her name change request.

4.  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 a change to those records.

3.  The applicant is advised that a copy of this decisional document will be filed in her military personnel records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded on her DD Form 214 and her Honorable Discharge Certificate and the name she currently uses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION



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)                                         AR20140019465



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ABCMR Record of Proceedings (cont)                                         AR20140019465



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