IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003800
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 record to show her name as it appears in the Defense Enrollment Eligibility Reporting System (DEERS), as Lxxxxx Hxxxxxxxxxx Pxxxxxx instead of Lxxxxx Hxxxxxxxxx.
2. The applicant states she got married after she was discharged from the Army.
3. The applicant provides a copy of her marriage license.
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. The applicant's record shows she enlisted in the Army on 30 December 1980, and continued to serve through five reenlistments, under the name that she now claims is incorrect. On 31 December 2000, the applicant retired from active duty having completed 20 years and 1 day of creditable active service.
2. All documents filed in the applicants Official Military Personnel File (OMPF)
use the name she now claims is incorrect, and when required she authenticated these documents by digitally or manually signing the same name. There are no documents in her OMPF with her last name as ?Lxxxxx Hxxxxxxxx Pxxxxx.?
3. The marriage license, as provided by the applicant, shows she was married on 28 April 2012 and it uses the name ?Lxxxxx Hxxxxxxxx.? It includes a handwritten entry that states: "My name is now: 'Lxxxxx Hxxxxxxxxx Pxxxxx.'"
4. 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 is 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her record should be corrected to show her new name due to her marriage that occurred after her discharge from the Army. However, 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 that those records be changed.
2. The applicant is advised that a copy of this decisional document will be filed in her OMPF. This should serve to clarify any questions or confusion regarding the difference in the last name recorded on her DD Form 214 and to satisfy her desire to have her new name documented in her OMPF.
3. However, if it is the applicant's retired pay records that she wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change. The applicant should therefore provide supporting documentation to: Commander, Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 requesting approval of her name change and to inform DFAS when it has been approved.
4. In view of the foregoing, 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 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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