BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019989 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as P____.

2.  The applicant states she was married in April 2011.

3.  The applicant provides 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 enlisted in the Regular Army on 23 August 2006 under the last name of C_____.

3.  She was retired on 5 May 2008 and placed on the Temporary Disability Retired List (TDRL) the following day.

4.  Item 1 (Name – Last, First, Middle) of her DD Form 214 shows her last name as C____.

5.  Her service personnel records show her last name as C____.

6.  She provides her marriage license which shows she married on 5 April 2011 and her last name was changed to P____.

7.  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 establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the integrity 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.  Her service personnel records show she served under the last name of C____ and she was retired under this last name.  She married in April 2011 after she was placed on the TDRL and her last name is now P____.  While the applicant's desire to have her records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.

3.  The applicant is advised that a copy of this decisional document which confirms her married name change will be filed in her official military personnel file (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the name in her OMPF and to satisfy her desire to have her current married name documented in her OMPF.



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)                                         AR20110019989



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ABCMR Record of Proceedings (cont)                                         AR20110019989



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