IN THE CASE OF:  
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20230002942 
 
 
APPLICANT REQUESTS:  to change her last name from "Lam_" to "Min_."  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• DD Form 214 (Certificate of Release or Discharge from Active Duty), ending  


27 May 2009 
• State of Connecticut License and Certificate of Marriage, 22 March 2014  


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 
 
2.  The applicant states her last name is "Min_." Please change it from "Lam_" to "Min_."    
 
3.  A review of the applicant's military record shows the following: 
 
 a.  She enlisted in the U.S. Army Reserve (USAR) on 23 January 1989. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows her last name as "Dec_." 
 
 b.  Her record contains a State of Connecticut License and Certificate of Marriage showing she married “Ja__ S. Lam__” on 24 March 2007.  
 
 c.  On 3 May 2007, she entered active duty.  
 
 d.  On 5 May 2007, DA Form 4187 (Personnel Action) shows she requested to change her last name to "Lam_."   
 
 e.  On 4 June 2007, she was honorably released from active duty for completion of her required active service. Her DD Form 214 for this period listed her last name as “Lam__.” 
 
 f.  She reentered active duty on 20 June 2007.  
 
 g.  On 9 January 2009, an informal physical evaluation board (PEB) found her unfit and recommended her disposition be permanent disability at a combined disability rating of 90%. The DA Form 199 (Physical Evaluation Board Proceedings) listed her last name as “Lam___.:  
 
 h.  On 14 May 2009, she was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year letter), also reflecting her last name as “Lam____.”  
 
 i.  On 27 May 2009, she was honorably retired by reason of "disability, permanent" and transferred to the USAR Control Group (Retired). Her DD Form 214 for this period shows in item 1 (Name) her last name listed as "Lam_."   
 
 j.  Her record is void of a divorce decree from Jas_ S. Lam_. 
 
4.  The applicant provides a State of Connecticut License and Certificate of Marriage dated 22 March 2014 showing she married Jas_ Jam_ Min_. Her last name was listed as "Lam_."         
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant entered active duty on 3 May 2007. She requested a name change to “Lam___.” She reentered active duty on 20 June 2007 and used this last name (Lam__) until she retired due to disability on 27 May 2009. Her retirement DD Form 214 listed the last name she used, “Lam__” during the period covered by this DD Form 214. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created, unless there is sufficient evidence that shows a material error or injustice. Based on a preponderance of evidence, the Board determined that the last name listed on the applicant’s DD Form 214 at the time of retirement was not in error or unjust. 
 
  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/22/2023

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. 
 
 
REFERENCES: 
 
1.  Title 10, USC, 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 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. 
 
2.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. Paragraph 5-1 (When to prepare the DD Form 214) states, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clearcut record of all current active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. Paragraph 5-6 (Rules for completing the DD Form 214) provides detailed instructions for data required in each block of the DD Form 214. The specific instructions for Block 1 (Name) state to compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18 (Remarks). 
 
//NOTHING FOLLOWS//