MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  20 March 2001
	DOCKET NUMBER:  AR2000050293

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Raymond J. Wagner		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 current name and date of birth (DOB). 

APPLICANT STATES: He indicates he made the discovery that there was an error in May 1997 while comparing his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with other documents described as (1) Certificate of Birth, (2) Certificate of Marriage, (3) Passport ID, (4) DD Form 256A (Honorable Discharge Certificate), and (5) his leave and earning statements from the Social Security Administration.  He provides copies of all the above.

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

During the period 27 May 1956 to 19 October 1960, he was a member of the Puerto Rico Army National Guard.  His DOB was listed as 2 May 1939, which would place his age as 17 years and 25 days upon enlistment in the National Guard.

On 20 October 1960, he was inducted into the Army of the United States for       2 years.  At the time of his induction, his legal name and DOB were verified as they now appear in his Official Military Personnel File.  He completed his required training and was awarded military occupational specialty 053 (Radio Teletype Operator).  He was advanced to pay grade E-3 effective 2 January 1962.

On 20 May 1961, he enlisted in the Regular Army.

On 7 August 1961, he was convicted by a Special Court-Martial for willfully disobeying a lawful command from a commissioned officer.  His sentence was to be reduced to recruit, pay grade E-1, to forfeit $20 pay per month for 6 months and to be confined at hard labor for 4 months.

During the period October 1961 to August 1963, he served in United States Army Europe.

On 10 August 1962, he was advanced to pay grade E-4.

On 18 May 1964, he was honorably separated under Army Regulation 635-205, based on being an overseas returnee.  His separation document indicates he had 3 years, 6 months and 29 days of creditable service and 4 years, 1 month and 25 days of other service.  

On 17 December 1999, the Board did not act upon the applicant’s request for a name change.  He was informed that a review of his Army records showed that he served in the Army under the name of G----- P---- and advised him to send copies of his documentation to the National Personnel Records Center to verify his military service under another name.

He was also advised that for historical purposes, the Army has an interest in maintaining the accuracy of its records, and the data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  He was also notified there was no basis for granting his request.

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 evidence of record clearly shows the applicant enlisted in the Puerto Rico Army National Guard when he was barely 17 years of age and listed his DOB as 2 May 1939.  Had he requested enlistment with the DOB he now claims to be accurate, he would not have been eligible even with parental consent.

2.  The evidence of record clearly shows the applicant documented the name and DOB he used throughout all his military service, the same name he now claims to be incorrect.

3.  The Board concludes he served under the proper name and DOB at the time of his service, and he has not shown otherwise.  There is no error or injustice in his case. 

4.  The Board notes he may still send copies of his documentation to the National Personnel Records Center to verify his military service under both names.

5.  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.

6.  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

__fe___  __wp___  __rw____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050293	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	Name & DOR	
2.		
3.		
4.		
5.		
6.