MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           18 October 2001                   
	DOCKET NUMBER:   AR2001059147

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 records be corrected to show that he utilized the last name of “S----” while on active duty vice “M----.”

APPLICANT STATES: In effect, that he enlisted under the wrong last name.

In support of his application, he submits a copy of his social security card and birth certificate. 

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

That he entered the Regular Army on 7 April 1966 under the last name “M----” and continued to use that last name throughout his tenure in the Regular Army.

The applicant’s birth certificate reflects the same first and middle name as reflected in his records; however, the last name is reflected as “S----.”

The applicant’s social security card reflects the same number, first and middle names as reflected in his military records; however, the last name is reflected as “S----.”

The applicant provides no explanation as to why he enlisted and served under the last name “M----.”

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.  There is no evidence, and the applicant has not provided any, which confirms that he utilized the name “S----” while on active duty and as such there is no evidence of any error or injustice in his file which would serve as a basis to correct his record.  The fact that the applicant may now be using the name “S----” is not a basis to correct his military records.

2.  The birth certificate and social security card indicate that when the applicant enlisted his last name was “S----”, but for an unknown reason he enlisted and served under the last name “M----.”  However, for historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  While the board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

4.  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  __  ____mhm  ____bje _  DENY APPLICATION

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

INDEX

CASE ID	AR2001059147	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011018	
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.	100.0100.0000	
2.		
3.		
4.		
5.		
6.