IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005195 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, in effect, correction of her Military Records by changing her last name to her married name. 2. The applicant states she just got married and would like to have her last name changed to her married name. She argues that she was told by the Retirement Services Officer and finance that she needed to submit this application to have her name changed. 3. The applicant provides a copy of her State of Texas Marriage License, issued on 26 February 2015, showing she was married on 6 March 2015. 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 14 June 1988, the applicant enlisted in the Regular Army. She was promoted through the ranks to master sergeant, pay grade E-8. She retired due to sufficient service on 31 July 2014. 3. On 6 March 2015, more than 8 months after her retirement, the applicant got married and is now using a last name that is different from the last name she used while on active duty. 4. Army Regulation 635-8 (Separation Processing and Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that her military records should be corrected by changing her last name to reflect her newly acquired married name. 2. The available evidence clearly shows the applicant acquired her new last name after completing her active duty service and retiring. At no time did she use her current last name while on active duty. 3. For historical purposes the Army has an interest in maintaining the integrity of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created. 4. The applicant is advised that a copy of this decisional document, along with her application will be filed in her Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in her current name and the one recorded in her military record, and satisfy her desire to have her current name documented in her military record. 5. However, if it is the applicant's retired pay records that she wishes to update, the Defense Finance and Accounting Service (DFAS) has stated in previous cases that it is their policy to refer retirees to the U.S. Army Human Resources Command to approve a name change. The applicant should therefore provide supporting documentation to: Commander, Human Resources Command, ATTN: AHRC-PDR-VI, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 requesting approval of her name change and to inform DFAS when it has been approved. 5. 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 that 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1