BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012015 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012015 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. BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012015 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 she was permanently retired in the rank/grade of lieutenant colonel (LTC)/O-5 instead of major (MAJ)/O-4 and that her last name is "Ash" instead of "Laroque." 2. The applicant states she was promoted to LTC on 1 April 2012. She was placed on the temporary disability list (TDRL) as a LTC and she was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her rank as LTC. 3. Her permanent retirement orders, however, show she was permanently retired in the current rank of MAJ. She discovered her rank/grade was incorrect when she attempted to obtain a new identification card. She was married on 10 March 2014, prior to her retirement date of 9 April 2014. 4. The applicant provides Orders Number 013-009, Orders Number 270-0125, DD Form 214, DD Form 2656 (Data for Payment of Retired Personnel), Marriage Certificate, and Order Number D099-13. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed in the Regular Army (RA) on 30 May 1995, with prior enlisted service. Her DA Form 71 (Oath of Office – Military Personnel) lists her last name as "Kish." 2. On an unknown date following her entry on active duty she was married and changed her last name to "Laroque." She served in a variety of stateside or overseas assignments using this name. 3. On 13 January 2012, the U.S. Army Human Resources Command published Orders Number 013-009 promoting her to LTC effective 1 February 2012. 4. On 8 August 2012, a physical evaluation board (PEB) convened and found the applicant’s medical and physical impairments prevented reasonable performance of the duties required by her grade and military specialty. 5. The PEB recommended the applicant’s placement on the TDRL with a combined rating of 80 percent. She concurred and the PEB was approved on 31 August 2012. The DA Form 199 (PEB Proceedings) lists her rank as MAJ. 6. On 24 September 2012, Headquarters, III Corps, Fort Hood, TX published Orders Number 270-0125 retiring her on 27 November 2012 and placing her on the TDRL in the rank of LTC effective 28 November 2012. The orders list her last name as "Laroque." 7. She provided a DA Form 2656, dated 11 October 2012, wherein her rank was listed as LTC/O-5. This form lists her last name as "Laroque." 8. She was honorably retired on 27 November 2012 and was placed on the TDRL on the next day. Her DD Form 214 lists in: * Item 1 (Name (Last, First, Middle)) – her last name as "Laroque" * Item 4a (Grade, Rate, or Rank) – LTC * Item 4b (Pay Grade) – O-5 * Item 12i (Effective Date of Pay Grade) – 1 February 2012 9. She also provided a Marriage License showing she was married on 10 March 2014 and her last name became "Ash." 10. The U.S. Physical Disability Agency issued: a. Orders Number D099-13, dated 9 April 2014, removing her from the TDRL and permanently retiring her in the current rank of MAJ, effective the same date. These orders list her rank as MAJ and her last name as "Laroque." b. Orders Number D139-12, dated 19 May 2014, amending Orders Number D099-13, removing her from the TDRL and permanently retiring her in the rank of LTC, effective the same date. These orders list her last name as "Laroque." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any. DISCUSSION: 1. The applicant was promoted to LTC on 1 February 2012. She was placed on the TDRL in her rank of LTC on 27 November 2012. Both, her TDRL orders and DD Form 214 correctly listed her retired rank as LTC. When she was removed from the TDRL and permanently retired, her permanent retirement orders listed her rank as MAJ. However, those orders were amended and corrected to show her rank as LTC. She was provided a copy of the amendment orders by separate correspondence. 2. With respect to correction of her records to reflect her last name as "Ash": a. The evidence of record shows she was initially appointed in the RA under the last name of "Kish." It appears she married and changed her name to "Laroque" during her period of active service. Her 2012 TDRL retirement orders and DD Form 214 correctly list her last name as "Laroque." b. After retirement from active service, on 10 March 2014, she married and changed her last name to "Ash." She was issued permanent retirement orders on 9 April 2014 listing her last name as "Laroque." c. 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. Absent any evidence that she has actually suffered an injustice based on the last name recorded in her military records, there appears to be no compelling reason to compromise the integrity of the Army’s records to correct her last name at this time. 3. However, with respect to her retired pay records, a discharged or retired service member can request a change to their official military records at any time. Changes include information such as the member's name, social security number, date and/or place of birth. The requestor can submit their request in letter format or on a Standard Form 180 (Request Pertaining to Military Records), together with supporting evidence to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012015 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012015 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2