IN THE CASE OF:  
	  

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140019490 


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 military records to show her last name as "Pickle" instead of "Jackson."

2.  The applicant states, in effect, her records need to be changed due to her divorce.

3.  The applicant provides a copy of a legal divorce court order restoring her former last name.

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 the cases 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 sufficient bases to waive the statute of limitations.


2.  The applicant enlisted in the Regular Army (RA) on 19 August 1988.  Her records contain the following:

* DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), which lists her maiden name as "Pickle" and her last name as "Wood"
* DD Form 1966/1 (Record of Military Processing – Armed Forces of The United States), item 45 (Recertification By Applicant and Correction of Data at the Time of Active Duty Entry) shows she was married and had one dependent
* Legal Name Change memorandum, dated 2 August 2001, wherein her request for a legal name change from "Wood" to "Jackson" was approved
* DD Form 41 which shows she reenlisted in the RA on 3 July 2002, for indefinite years; the forms show her last name as "Jackson"
* all documents contained in her official military personnel file (OMPF) prepared subsequently list her last name as "Jackson"  

3.  She was honorably retired on 31 August 2008.  Item 1 (Name (Last, First, Middle)) of her DD Form 214 lists her last name as "Jackson."

4.  She provided a copy of a legal divorce court order, dated 10 April 2013, restoring her last name to "Pickle."

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 the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her military records to show her last name as "Pickle" instead of "Jackson."  She is unclear if she wants her active duty service records (DD Form 214) to reflect her last name as "Pickle" or if she desires her retired/pay records to reflect this name.  

2.  With respect to her active duty service: 

	a.  The applicant's request to correct her active duty records to reflect her former last name was carefully considered.  While it is understood why she would want her records changed to reflect her current legal last name, the evidence of record shows she initially enlisted in the RA under her married name of "Wood."  On 2 August 2001, her request for a legal last name change from "Wood" to "Jackson" was approved.  She was retired in the last name of "Jackson," which is the last name that is listed on the documents that are filed in her OMPF and on her DD Form 214.

	b.  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.  

	c.  Absent any evidence that the applicant has actually suffered an injustice based on the last name recorded in her military records, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct her last name at this time.

3.  With respect to her retired pay records, a retired service member can request a change to their official military records at any time.  Changes include information such as the member's name, social security number, date and/or place of birth.  The requestor can submit their request in letter format or on a Standard Form 180 (Request Pertaining to Military Records), together with supporting evidence to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.

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)                                         AR20140019490





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ABCMR Record of Proceedings (cont)                                         AR20140019490



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