MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 November 2001
	DOCKET NUMBER:   AR2001061038

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that her name be changed in her military records.  

APPLICANT STATES:  In effect, she has a court order, dated 5 June 2001, that changed her last name.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 December 1960, she was directly appointed and commissioned a captain in the Army Nurse Corps (ANC) of the Untied States Army Reserve (USAR).  On 6 January 1961, she entered active duty and continuously served in that status for 12 years, 5 months, and 26 days.  On 1 July 1973, she was honorably released from active duty and transferred to the USAR.  She served in various elements and units of the USAR Ready Reserve from 2 July 1973 until she completed the necessary qualifying service required to receive retired pay. 

The appointment documents on file and the personnel records prepared on the applicant upon her entry into the USAR and on active duty all contain the same last name.  This is also the last name recorded throughout her service records and under which she performed all her military service.  

On 9 September 1982, the Office of the Adjutant General, USAR Personnel and Administration Center (ARPERSCEN), St. Louis, Missouri, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 letter (20 Year Letter).  This 
20 Year Letter confirmed that the applicant had completed the required years of service and would be eligible to receive retired pay at age 60.

On 20 September 1982, Orders Number 184-38, issued by Headquarters, First United States Army, Fort Meade, Maryland, authorized the applicant’s reassignment to the USAR Control Group (Retired), effective 24 March 1982, based on her request for voluntary retirement.  

On 19 August 1987, the applicant applied for retired pay and her request was approved.  On 15 October 1987, Orders Number P-002957, issued by ARPERCEN, directed that the applicant be placed on the Retired List in the grade of colonel and that she was authorized retired pay accordingly.  The last name recorded on all the documents pertaining to the applicant’s retirement and placement on the Retired List is the same last name she used when she was originally appointed and throughout her entire military career. 

The applicant provides a copy of a “Final Judgment Change of Name” court document, issued by the Circuit Court in and for Pinellas County, Florida, dated 
5 June 2001.  This document confirms that her last name was changed on that date and it contains the last name under which she performed her military service, as well as her new last name.  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s request that her last name be changed in her military records.  However, it finds insufficient reason to grant this requested relief.  The Board does not question the validity of the court document provided by the applicant and it finds that this court document is sufficient evidence to confirm she legally changed her last name on the date indicated.  However, her own evidence confirms that this change to her last name did not occur until 
5 June 2001, which is almost 19 years after she completed her service in the USAR and 4 years after she was placed on the Retired List and began receiving retired pay.  

2.  In the applicant’s case, the military records on file reflect the last name under which her military service was performed.  These records include documents created in 1961, the year she was originally appointed in the USAR, and those records created and maintained throughout her active duty tenure form 1961 to 1973.  Additionally, these military records include those prepared and maintained during her subsequent USAR service which include the documents and orders prepared to effect her transfer to the USAR Retired Reserve in 1982 and her placement on the Retired List in 1987.  

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  Therefore, the Board concludes that it would not be appropriate to change the applicant’s last name in the existing military records.  

4.  The court document effecting the applicant’s name change contains both the last name under which she performed her military service and her new last name.  Therefore, the Board concludes that the presentation of this court document in concert with the appropriate military records will serve to confirm her military service for whatever purpose necessary and satisfy any questions that may arise in regard to her service related entitlements and benefits.  

5.  However, the applicant is advised that she should provide a copy of the
court document changing her last name to the Defense Finance and Accounting Service (DFAS) office that maintains her retired pay records.  This will ensure that her pay records accurately reflect her current last name for retired pay purposes.  

6.  In addition, for clarity purposes, this decisional document along with the supporting material will be filed in the applicant’s Official Military Personnel File (OMPF).  This should serve to prevent any confusion created by the difference in the last name under which the applicant performed her military service and her current last name. 

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__   _ _LE __  __JTM___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061038	
SUFFIX		
RECON		
DATE BOARDED	2001/11/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1982/03/24	
DISCHARGE AUTHORITY	AR 140-10 C3	
DISCHARGE REASON	Trns to Retired Reserve	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0100	
2.		
3.		
4.		
5.		
6.