MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 September 2001 
	DOCKET NUMBER:   AR2001058295

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John E. Denning		Member	
	Mr. Terry L. Placek		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 it is his sincere desire that his adopted name be deleted from his military records and it be replaced with his birth last name, which he legally changed subsequent to his discharge, in 1979.  In support of his application, he submits a certificate of birth and a court decree granting a change to his last name.

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

On 15 December 1976, he enlisted in the Regular Army for 4 years.  He successfully completed basic and advanced individual training (AIT).  Upon completion of AIT, he was awarded military occupation specialty (MOS) 11B (Light Weapons Infantryman).  

The applicant’s record confirms that the highest rank he attained while serving on active duty was private first class (E-3) and that he was discharged in that rank by reason of hardship, under the provisions of paragraph 6-4b, Army Regulation 635-200, after completing just 1 year, 2 months, and 8 days of active military service.

The last name recorded in the applicant’s enlistment contract, service record created upon his enlistment, and in the records and documents prepared and published throughout his active duty service is consistent with the one recorded on his DD Form 214.

The applicant provided a court decree, dated 18 June 1979, subsequent to his discharge from the Army.  This document, issued by the State of Ohio, ordered a change of his last name.  In addition, he also provided a copy of his court ordered birth certificate, which confirms the last name contained in the court decree was 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 exhibits 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 he served.
3.  The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that his last name changed subsequent to his separation is not a sufficiently mitigating basis for changing the last name recorded in his military records.  

4.  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.

5.  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 last name change, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his current last name and the last name recorded in his military record and satisfy his desire to have his birth last name documented in his OMPF. 

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

_   FNE __  __JED__  _ _TLP   _  DENY APPLICATION

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

INDEX

CASE ID	AR2001058295	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.