MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR2000043764

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his first name as A___ instead of R___ and to correct his date of birth to 19 June 1948 instead of 
19 July 1948.

APPLICANT STATES:  In effect, that when he was born the attending physician recorded his first name and date of birth incorrectly.  He discovered the error when he was inducted.  His mother submitted the papers to correct his birth certificate in 1969.  He further states that since he was registered with the Army under the first name of R___ and his date of birth was listed as 19 July 1948, he allowed the induction under that information.  The applicant submits a copy of his amended birth certificate, a copy of his Social Security Card and a copy of his Texas Driver’s License.

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

On 5 August 1969, the applicant was inducted into the Regular Army for 
2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Repairman).  The applicant was inducted under the first name of R___ and
throughout his official military record it shows his first name as R___ The record also shows his date of birth as 19 July 1948.

The applicant served in Republic of Vietnam from January 1970 to March
1971.  On 11 March 1971, the applicant was honorably discharged from active duty in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 5.  He completed 1 year, 7 months and 7 days of creditable active service.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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 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.

2.  The applicant’s official military record shows that he was inducted and served under the first name of R___ and was discharged from active duty under the same first name.  His record also shows his date of birth as 19 July 1948.  

3.  The applicant has submitted documents to show that his first name and date of birth was legally changed in 1969.  However, he presents this evidence 
29 years after his discharged from active duty.  Although the applicant’s birth certificate was corrected in 1969, he did not request a change to his military record before being discharged in 1971.  The applicant had sufficient time 
( 2 years) to submit his request before he was discharged.

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

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.

NOTE:  The Army Review Boards Agency Support Division will be requested to furnish the applicant a Transcript of Military Records, DA Form 1569 showing the current name and other information as applicable.

BOARD VOTE:

__rvo___  __mkp___  __eja___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000043764	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.0200	
3.		
4.		
5.		
6.