MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 December 1998                   
	DOCKET NUMBER:   AC98-11719

	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. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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 the name used in his military record (his adopted name) be changed to his birth name. 

APPLICANT STATES:  That he used his adopted name instead of his birth name.  He states that until he was notified by the Internal Revenue Service he was unaware that his name and social security number did not match.

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

The applicant entered the Army on 16 April 1979 for a period of 3 years.  He was awarded military occupational specialty 55B (Ammunition Storage Specialist).  His highest rank attained specialist four (E-4).

During the enlistment process the applicant authenticated on DD Form 1966/8 Application for Enlistment-Armed Forces of the United, Section X, that he preferred to use his adopted name, by which he was known in the community as a matter of convenience, with no criminal intent.  Additionally, he acknowledged that his social security account number reflected his birth name.

The applicant was honorably released from active duty on 28 May 1982 under the provisions of Chapter 2, Army Regulation 635-200, due to completion of required service.  He had served 3 years of total active service.

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 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.  In this case, the applicant elected to serve under his adopted name, acknowledging that his social security number was under his birth name.

2.  Consequently, there is no error in the Army’s record.

3.  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

__EMW___  __LEM___  __CJS___  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.