IN THE CASE OF: BOARD DATE: 6 September 2012 DOCKET NUMBER: AR20120003377 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 records to show her name change. 2. The applicant states her name changed as a result of her divorce. 3. The applicant provides a copy of her Summary Judgment of Divorce. 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. On 4 January 1991, the applicant enlisted in the U.S. Army Reserve under a married last name of "P____t." On 12 March 1999, she enlisted in the Regular Army under the same last name. 3. The applicant remarried on 18 April 1994 and she completed a DA Form 4187 (Personnel Action) requesting that her last name be changed in her official record to "P____d," that of her current spouse. Her request was approved on 26 April 1994. 4. The applicant was retired by reason of physical disability on 8 June 1995. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her last name as "P____d." 5. The applicant submits a Summary Judgment of Divorce which shows she was divorced on 6 January 2012 and allowed to resume her maiden name of "S____." 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted and her supporting evidence has been considered. 2. The applicant's records properly show the last names she served under during her Army service. 3. She did not divorce until after her retirement from active military service and the documents contained in her official records properly reflect this information. 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 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) AR20120003377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1