MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000                  
	DOCKET NUMBER:   AR1999031000

	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.

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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:  Correction of her records to show her maiden name as her last name instead of her married name.

APPLICANT STATES:  That her discharge document and certificates of achievement show her last name as her married name.  She also states that she is now divorced and would like new documents showing her maiden name.  In support of her application, she submits a personal statement and a copy of her divorce decree.

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

The applicant enlisted in the Regular Army on 18 January 1994 for a period of three years.  She completed training as a water treatment specialist and was assigned to Hawaii.  She was honorably discharged from active duty on 16 October 1996.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her married name in item 1 (Name-Last, First, Middle).  There are several documents in the applicant’s service personnel records which show her married name as her last name.

The applicant provided a copy of her divorce judgment, dated 24 April 1997, which shows the judgment was approved and filed in the County Clerk’s Office on 3 June 1997.  This document also shows the applicant was entitled to resume the use of her maiden name.

Army Regulation 635-5 serves as the authority for the preparation of the report of separation (DD Form 214).  It states, in pertinent part, that only information that is current at the time separation will be entered on that form.  Changes to information that occurs subsequent to the preparation of the DD Form 214 are not authorized.

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.  Evidence of record shows the applicant was granted a divorce on 24 April 1997 which entitled her to resume use of her maiden name.  

2.  The applicant was not granted her divorce prior to the date of her discharge from active duty; therefore, she is not entitled to correction of item 1 of her DD Form 214 to show her maiden name as her last name. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  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

RGH____  MDM____  JPS_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031000	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	19961016	
DISCHARGE AUTHORITY	AR635-40, paragraph 4-24b(3)	
DISCHARGE REASON	Disability, Severance Pay	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.