MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 October 2001
	DOCKET NUMBER:  AR2001057331

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Arthur A. Omartian		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:  In effect, that his military records be changed to reflect his birth name.

APPLICANT STATES:  In effect, that his birth last name be reflected on his military records.  In support of his application, he submits a certificate of birth.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Records made available from alternate sources show that he served on active duty from 23 April 1942 to 17 May 1945.  He was separated in the grade of private with a Certificate of Disability for Discharge.

The last name recorded in the applicant’s available service record is consistent with the one recorded on his Certificate of Disability for Discharge.

The applicant provided a birth certificate that confirms the last name contained in his request is the same as his last name at birth.

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 notes and understands the applicant’s desire to have the last name recorded in his military records changed to his birth last name.  However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibit a material error or injustice.

2.  Further, the Board finds an insufficient evidentiary basis to conclude the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the last name under which it appears that he served.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

4.  The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his birth last name, will be filed in his reconstructed Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his last name recorded in his military record and satisfy his desire to have his birth last name documented in his OMPF. 

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ca___  ___ho___  ___ao_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001057331	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.