MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999                   
	DOCKET NUMBER:   AC98-09791
				   AR1998014060

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

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his last name reflected in his military records be changed from Wallace to Cannon, as shown on his birth certificate.

APPLICANT STATES:  That he was unaware and misled by his family as to his last name.  He states, in effect, that Wallace was his stepfather’s name.  He was told and believed throughout his school years and while in the Army that his name had been changed to Wallace.   

In support of his contention the applicant submits a copy of his birth certificate, an identification card from the state of Maryland, and a copy of his social security identification card, all showing his last name as Cannon.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army on 3 June 1971 for a period of 3 years at the age of 19, using the surname of Wallace.  Upon enlistment he completed an Armed Forces Security Questionnaire wherein he answered "yes” to the question “Have you ever been known by any other last name than that used in signing this questionnaire?  In the remarks section of the form he wrote that his name used to be Cannon, which was his mother’s maiden name before she married in 1954.

He was awarded military occupational specialty 11B (Infantryman).  His highest rank attained was private first class (E-3).

The applicant was separated from the Army with an undesirable discharge on
28 June 1974 under the provisions of Army Regulation 635-200, chapter 14 for fraudulent entry.  He had a civil conviction for possession of marijuana prior to his enlistment, which he did not reveal.  While on active duty he was convicted by special court-martial for issuing worthless checks.  

The applicant submitted requests for an upgrade of his discharge to the Army Discharge Review Board on three occasions and each was denied, respectively, on 5 March 1975, 8 January 1979, and on 27 April 1981.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant acknowledged during enlistment processing that he had previously used the last name of Cannon.  However, he chose apparently to enlist using the name of Wallace, the name shown in his military records.  The fact that he may have been misled by his family as to his correct surname and now wants it changed in his military records, 25 years after serving in the Army does not serve as a basis for changing the name in his military records.  
2.  The Army has an interest in maintaining the accuracy 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.

3.  Also, the fact that the applicant received an undesirable discharge from the Army in the name of Wallace militates against changing the name reflected in his military records.  

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.