MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           04 February 1999                   
	DOCKET NUMBER:   AC98-11722
                                              AR1999015301

	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	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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:  Correction of his separation document (DD Form 214) to show his first name as Ross rather than Rosario.  

APPLICANT STATES:  That after his retirement from the steel mill, it was required that he submit his birth certificate.  At that time he found that his first name was “Tony.”  After all the years he had been known as “Ross” he decided to change his name [to Ross].  To avoid any problems upon his death with his military service records, he asks that the first name on his separation document read Ross.  

In support of his application he submits a xeroxed copy of his birth certificate, which shows “Tony” as his first name.  It also shows that the birth certificate was amended on 23 March 1981 by a line drawn through “Tony” and the name “Ross Leroy” written in.  His mother’s maiden name was also changed on the birth certificate. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the fire that occurred at the Records Center in 1973.  The information upon which this review is made was gleaned solely from the applicant’s DD Form 214, submitted by him, which shows:  

He was born in El Moro, Colorado on 31 January 1933.  He enlisted in the Army for 3 years on 17 January 1951, completed his enlistment and was honorably discharged on 16 January 1954.  The applicant’s first name is shown on his DD Form 214 is “Rosario.”  

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’s complete military record is not available; however, since his first name is shown on his separation document as “Rosario” it is reasonable to presume that he enlisted using that name.  

2.  Apparently after many years of being known as “Ross,” which appears to be a derivative of Rosario, the applicant now wants his separation document to reflect that name to preclude problems in the future related to his military service.  

3.  However, the birth certificate submitted by the applicant shows his name was originally recorded as neither Rosario nor Ross but rather as “Tony.”

4.  The Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and the facts as they existed at the time.  In this case, the birth certificate submitted by the applicant raises more questions than it answers and does not support the applicant’s request. 

5.  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	AC98-11722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.