MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 October 2000    
	DOCKET NUMBER:   AR2000046066

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Jaime Perez		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 Active Duty) to show a different first name and new middle name.

APPLICANT STATES:  In effect, that he legally changed his first name and added a middle name in 1986.  In support of his application, he submits a court document, dated 6 October 1986, which legally changes his first name and adds a middle name; a copy of his DD Form 214; and a copy of Standard Form 180 (Request Pertaining to Military Records) dated 20 June 2000.     

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

The applicant enlisted on 15 April 1974, served as a powered bridge specialist in Germany and was honorably released on 9 April 1976.

The applicant’s DD Form 4 (Enlistment Record – Armed Forces of the United States Army), dated 15 April 1974, shows the same first name which is listed on the applicant’s DD Form 214.  There is no entry for a middle 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 first name and added a middle name in 1986, approximately ten years after his separation from active duty.

2.  However, evidence of record shows the applicant’s first name is the same name used at the time of his enlistment and discharge from the Army.  Evidence of record also shows that the applicant did not have a middle name at the time of his enlistment or discharge from the Army.  Therefore, the applicant is not entitled to correction of his first or middle names on his DD Form 214.

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.  To assist the applicant in civilian matters, the Board will direct that a Transcript of Military Records (DA Form 1569) be issued in the applicant’s new name.

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 in St. Louis, Missouri, is requested to issue a Transcript of Military Record (DA Form 1569) with the applicant’s new name.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

SP_____  EJA_____  JP______  DENY APPLICATION

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

INDEX

CASE ID	AR2000046066	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19760409	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.