IN THE CASE OF:    

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140019895 


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 "Stevens" instead of "Bell."  

2.  The applicant states after her divorce her name was never changed through her unit even though the paperwork was submitted to the clerical unit.  

3.  The applicant provides a copy of a Decree of Dissolution of Marriage.

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 insufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 16 February 1989.  Her records contain a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) which lists her last name as "Bell."
3.  She entered on active duty for training (ADT) on 16 March 1989.  She was honorably released from ADT on 20 July 1980 and was transferred to a Reserve unit.  Item 1 (Name (Last, first, middle) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) lists her last name as "Bell."

4.  She again entered on active duty on 27 September 1990.  She was honorably released on 21 May 1991 and was transferred to a Reserve unit.  Item 1 of her DD Form 214 lists her last name as "Bell."

5.  Her records also contain and she provided a copy of a Decree of Dissolution of Marriage, dated 21 August 1991, which shows her last name was restored to the previous name of "Stevens."  The document shows she was married to Mxxxxxx L. Bell on 12 April 1987.

6.  She reenlisted in the USAR on 7 December 1991 for 3 years.  Her records further contain the following:

* DD Form 4/1 which lists her last name as "Stevens"
* Certificate of Marriage which shows she married Nxxxxxxx J. Harrison on 23 December 1992

7.  She was honorably discharged from the USAR on 6 December 1994.  Her orders list her last name as "Stevens."

8.  Item 1 (Name) of her DA Form 2/1 (Personnel Qualification Record – Part II) shows the last name of "Bell" lined through and the last name "Stevens" entered in parenthesis.

9.  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 "Stevens" instead of "Bell."  

2.  With respect to her USAR and active duty service: 

   a.  The applicant's request to correct her military 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 USAR and served on active duty under her married name of "Bell."  Her two DD Forms 214 list her last name as "Bell."

   b.  On 21 August 1991, as a result of her divorce, her last name was restored to "Stevens."  On 7 December 1991, she reenlisted in the USAR under that name.  

   c.  On 23 December 1992, she married and changed her last name to "Harrison."  There is no evidence of record and she provided none showing she requested a change of her last name from "Stevens" to "Harrison" during any period of her service.

   d.  On 6 December 1994, she was discharged from the USAR and her orders list her last name as "Stevens."  The last names of "Bell" and "Stevens" are listed on documents that are filed in her OMPF.

   e.  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.  

   f.  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.

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)                                         AR20140019895





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ABCMR Record of Proceedings (cont)                                         AR20140019895



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