MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 July 2000                  
	DOCKET NUMBER:   AR2000041082

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show a different last name.  

APPLICANT STATES:  In effect, that his last name is incorrect on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214. 

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

The applicant enlisted on 1 October 1952 for a period of 3 years.  He served as a light weapons infantryman in Korea and was honorably discharged on 
10 October 1955.

The applicant’s DD Form 4 (Enlistment Record – United States Army), dated
1 October 1952, shows the same last name which is listed on the applicant’s DD Form 214.   

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 Board noted the applicant’s contention.  However, evidence of record shows the applicant’s last name is the same name used at the time of his enlistment and discharge from the Army.  There is no legal evidence (i.e. court document or birth certificate) available to the Board, and the applicant has provided no legal evidence, which shows the applicant had another last name.  Therefore, he is not entitled to correction of his last name on his DD Form 214.

2.  In order to justify correction of a military record the applicant must show to 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.

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

RJW____  JS______  RA_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041082	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19551010	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Released from active duty and transferred to USAR	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.