IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20150000984
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as Cox vice Miller.
2. The applicant states she remarried and changed her name.
3. The applicant provides her marriage certificate.
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. Having had prior active service, the applicant enlisted in the Regular Army (RA) on 7 July 1977. Her DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) dated 7 July 1977 shows her last name as Wolfe.
3. On 9 April 1985, a DA Form 4187 (Personnel Action) was approved changing her last name from Wolfe to Miller based on her marriage on 18 January 1985.
4. Her record contains numerous orders, personnel, medical, and legal documents dated after 9 April 1985 that all show her last name as Miller. She authenticated many of these forms by placing her signature in the appropriate block using the last name of Miller.
5. She was honorably retired on 30 June 1994 and she was placed on the Retired List on 1 July 1994. Item 1 (Name (Last, First, Middle)) of her DD Form 214 lists her last name as Miller.
6. The applicant provides a marriage certificate dated 28 September 2012 showing she was married on that date and signed the certificate using the last name of Cox.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms when the applicant enlisted in the RA she listed her name as Wolfe and in April 1985 she changed her last name to Miller based on her marriage. This is the last name she used throughout her military service after April 1985.
2. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty. There are no provisions in the governing regulation to change the name on a DD Form 214 to reflect a name acquired after the Soldier's release from active duty. Her DD Form 214 correctly shows her last name as Miller, the name she held at the time she was released from active duty. Therefore, she is not entitled to the requested relief.
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.
4. The applicant is advised that a copy of this decisional document will be filed in her official record. This should serve to clarify any questions or confusion in regard to the difference in the last name she now holds and the last name recorded in her military record.
5. 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.
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