PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:            6 May 1999
	DOCKET NUMBER:   AR1998007839

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect his correct first and last name.

3.  The applicant states, in effect, that at the time he enlisted, his birth certificate did not have his first and last name spelled correctly.  As a result, he was enlisted, served, and was separated with an incorrect spelling of his first and last name.  In support of his application he submits a copy of a birth certificate dated 20 August 1976 (His date of birth (DOB) is 17 June 1942).

4.  The applicant’s military records show that at the time the applicant enlisted on 16 November 1960, he was enlisted with the first and last name that is indicated on his DD Form 214 and he continued to serve under that name until he was honorably discharged on 9 December 1963.

5.  However, a review of his records shows that in several instances during his service he signed his name as it is reflected on his current birth certificate despite the incorrect printed spelling of his name adjacent to his signature.  His records also show that his parents name in his records and all additional data to include the DOB are correctly listed in his records at the time of his enlistment as they are reflected on his current birth certificate.

CONCLUSIONS:

1.  Although the original birth certificate used at the time of the applicant’s enlistment is not present in the available records, given the evidence of record, it is reasonable to believe the applicant’s explanation that his birth certificate was in error at the time of his enlistment, because there is sufficient evidence to show that despite his name being misspelled in his records, he occasionally signed the name that he knew to be correct and the one that is listed on his birth certificate dated 20 August 1976.

2.  The Board also notes that the applicant also received an honorable discharge and that all of the pertinent data such as DOB, parents name, place of birth, etc, are correctly entered on the new birth certificate the same as reflected in his records.

3.  Therefore, it would be in the interest of justice to correct his records at this time by changing the first and last name of the individual concerned to reflect the correct spelling that is depicted on his birth certificate dated 20 August 1976.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to reflect that the correct first and last name of the individual concerned is the name reflected on the birth certificate provided by him dated 20 August 1976. 

BOARD VOTE:  

___cs___  ___fe ___  ___ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR1998007839	
SUFFIX		
RECON		
DATE BOARDED	1999/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0000/NAME	
2.		
3.		
4.		
5.		
6.