MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 May 2002                  
	DOCKET NUMBER:   AR2002068204

	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. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		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 the last name in her records, to include her separation document (DD Form 214) be corrected to show her married name; and that Item 15a (Member Contributed to Post Vietnam Era Veteran’s Educational Assistance Program-VEAP) of her DD Form 214 be corrected.

APPLICANT STATES:  In effect, that she would like her married name to appear in all her military records and that Item 15a of her DD Form 214 was incorrectly marked to indicate that she did not participate in an educational assistance  program.  In support of her application, she provides a copy of her marriage certificate, a copy of a Veterans Educational Assistance Act of 1984-New G.I. Bill (DA Form 2366), and copies of leave and earnings statements (LES) showing that money was deducted from her military pay for the New G.I. Bill.  

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

She enlisted in the Regular Army and entered active duty on 28 May 1993, and continuously served on active duty for 4 years until being honorably separated on 27 May 1997.  The applicant’s enlistment contract, personnel records prepared upon her entry on active duty, and all orders and documents on file in her Official Military Personnel File (OMPF), all contain the same last name, her maiden name, which is the name under which she performed all her military service.  

The DD Form 214 issued to and authenticated by the applicant with her signature on the date of her separation, confirms that she was released from active duty on 27 May 1997, at the expiration of her term of service.  The last name recorded in this document is the same one recorded in her enlistment contract, her personnel record, and under which she served throughout her active duty tenure.  Item 15a contains an “x” in the “No” box, indicating that the applicant did not contribute to the VEAP.  

In support of her application, she provides a marriage certificate, which confirms she was married and assumed a new last name on 16 October 1997, five months subsequent to her separation from active duty.  In addition, she provides a 
DA Form 2336, which confirms that she enlisted with the option to participate in the New G.I. Bill, and copies of LES that verify that money was collected from her military pay for the G.I. Bill.  

Army Regulation 635-40 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that Item 1 will contain the name taken from the soldier’s personnel record.  

The instructions for completing Item 15 (Post Vietnam Veterans Education Assistance Program-VEAP states, in pertinent part, that for any soldier that contributed to VEAP and did not receive money back, mark Yes; for any soldier who enlisted before 1984, contributed to VEAP, and received their money back, mark No; and for any soldier who enlisted after 1985, mark No.  

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 validity of the marriage certificate provided by the applicant is not in question, and it clearly confirms that she legally changed her last name on the date she was married.  However, this document also verifies that the marriage and resultant name change did not occur until 16 October 1997, over 5 months subsequent to her separation from active duty.  

2.  The evidence of record confirms that the applicant’s military records reflect the last name under which her military service was performed.  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.  

3.  The applicant’s marriage license contains both the last name under which she performed her military service and her new last name.  In the opinion of the Board, the presentation of this 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.  Therefore, the Board concludes changing the last name of the applicant in her military records is not warranted at this time. 

4.  The Board also notes the applicant’s request that Item 15a of her DD Form 214 be corrected.  However, it concludes that there is no error or injustice associated with this entry.  Item 15a of the DD Form 214 in question pertains only to the VEAP, an educational assistance program that existed prior to 1985, and which was replaced by the New G.I. Bill.  By regulation, a “No” response is required to be entered in this item for any solider who entered active duty after 1985.  

5.  The evidence of record confirms that the applicant entered active duty in 1993, that she participated in the New G.I. Bill, and that the “No” entry contained in Item 15a of her DD Form 214 is correct.  Therefore, the Board concludes there is no basis for granting this requested relief.  

6.  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

    SAC         KWL            JTM     DENY APPLICATION

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

INDEX

CASE ID	AR2002068204	
SUFFIX		
RECON		
DATE BOARDED	2002/05/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997/05/27	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.