MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 March 1999
	DOCKET NUMBER:   AR1998013445

	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. Lee Cates 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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 records be corrected to show his current name.

APPLICANT STATES:  That he has legally changed his name and now desires his military records to coincide with that change.  In support of his request, he submits legal documents showing the name change.

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

The applicant was inducted on 15 December 1945 and honorably separated on 8 March 1947, a period of 1 year, 2 months and 22 days.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant’s case, the records reflect the correct name under which military service was performed.

4.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

5.  The Board notes that if a judge orders the applicant’s name changed, he may use that court order along with his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to verify his military service.  In addition, he should send the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri, 63132-5260, a copy of the court order changing his name so it may be filed with his military records to verify his military service under his new name.

6.  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

RVO___  EW______  GCM_____  DENY APPLICATION

						Loren G. Harrell
						       Director

INDEX

CASE ID	AR1998013445	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19470308	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	COG & Demob	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.100	Name change	
2.		
3.		
4.		
5.		
6.