MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            16 December 1998 
	DOCKET NUMBER:   AC98-12745

	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. Jessie B. Strickland		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 his records be corrected to show his correct last name.

APPLICANT STATES:  That he desires to have his records corrected to show that he served with the last name of “Taylor” instead of “Jackson” as indicated on his separation documents (DD Form 214).  In support of his application he submits a copy of his birth certificate.

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

The applicant enlisted on 1 October 1985 for a period of 3 years.  At the time of his enlistment he enlisted under the last name of “Jackson”.  His enlistment contract clearly indicates that his legal last name was “Jackson” and that it was changed from “Taylor” by legal adoption on 6 February 1981. 

The applicant continued to serve until he was honorably released from active duty on 7 October 1991 on the expiration of his term of service.  His DD Form 214 shows that he was separated under the last name of “Jackson.”

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.  In order to justify correction of a military record the applicant must show to9 the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 

2.  Although the applicant has shown that he was in fact born with the last name of “Taylor”, the evidence of record clearly shows that it was legally changed to “Jackson” in 1981, that the applicant served under that name, and that he was properly separated under that name.  

3.  In the absence of evidence to show that he legally changed his last name back to “Taylor” prior to his separation, there is no basis for the Board to direct such a change.

4.  However, should the applicant take action to change his name, he can submit a copy of his legal name change to the National Personnel Records Center to have the document included with his official records for future reference. 

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

__emw__  __lem___  ___cs ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12745	
SUFFIX		
RECON	 	
DATE BOARDED	1998/12/16	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  100.01	Name change	
2.		
3.		
4.		
5.		
6.