MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 October 2000   
	DOCKET NUMBER:   AR2000043594

	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. Ernest W. Lutz, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson		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 Transfer or Discharge) and Honorable Discharge Certificate from the USAR to show his legal name at this time.  

APPLICANT STATES:  That he legally changed his entire name in 1986.  In support of his application, he submits a court document, dated 12 March 1984 1986, which legally changes his entire name; a copy of his DD Form 214; and a copy of his Honorable Discharge Certificate from the USAR.

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

The applicant’s military records from the National Guard were not available to the Board.  Records available to the Board were obtained from alternate sources and show that the applicant was ordered to active duty for six months of training on 16 February 1957.  He was honorably released on 15 August 1957 and transferred to the National Guard.  On 31 August 1962 the applicant was honorably discharged from the USAR.

Item 1 (Last Name - First Name - Middle Name) on the applicant’s DD Form 214, which was authenticated in his own hand, shows his last name as “T ____, his first name as “Raymond” and his middle name as “Benjamin”.  

The applicant’s Honorable Discharge Certificate from the USAR, dated 
31 August 1962, shows the same name as his DD Form 214.

The applicant provided a copy of a court document, dated 12 March 1984, which shows he legally changed his entire name. 

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 that the applicant legally changed his entire name in 1984, approximately 27 years after his release from active duty training and 22 years after his discharge from the USAR.

2.  However, the applicant’s military records show that his name was Raymond Benjamin T_____ at the time of his release from active duty and the USAR.  Therefore, the applicant is not entitled to correction of his entire name on his military records.   

3.  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 this requirement.
4.  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

EWL____  CJP____  TLP____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043594	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19570815	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.