IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150001023
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 all her military records to show her last name as "M___-K_____."
2. The applicant states she recently got married and wants her military records changed to show her new last name.
3. The applicant provides her:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* U. S. Armed Forces Identification (ID) Card
* Social Security Card
* State of South Carolina License and Certificate 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 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. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 27 October 1978, shows the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) using the last name "M___."
3. She was discharged from the DEP and enlisted in the Regular Army on
28 November 1978 using the last name "M___."
4. On 20 July 1981, she requested her last name be changed to "S____."
5. On 30 November 1998, she was retired due to sufficient service for retirement. The DD Form 214 show her last name as "S____."
6. In support of her request she provides copies of her:
* U.S. Armed Forces ID Card and Social Security Card both showing her last name as "M___-K_____."
* State of South Carolina License and Certificate of Marriage showing she married "C______ H. K_____" on 7 June 2014.
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. This regulation has historically stated that item 1 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted using the last name of "M___" and changed her last name to "S____" while serving on active duty. She was separated using the last name of "S____."
2. There is no available evidence showing the applicant changed her last name, or requested her last name be changed, to "M___-K_____ prior to retirement.
3. The available evidence also shows she married on 10 June 2014, well after her retirement date from the Army.
4. 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. While it might be understandable that the applicant now desires the record to show her current name, in the absence of a showing of material error or injustice there is a reluctance to recommend that those records be changed.
5. The applicant is advised that a copy of this decisional document will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name in her military record and to satisfy her desire to have her legally changed last name shown in her OMPF.
6. In view of the above, the applicant's request should be denied.
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 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) AR20100023544
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ABCMR Record of Proceedings (cont) AR20150001023
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