MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	

	BOARD DATE:           11 December 2001
	DOCKET NUMBER:   AR2001060573

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) reflecting his new name.

APPLICANT STATES:  That he needs an honorable discharge in his current name so that he can be buried in a military cemetery when his time comes.  In support of his application, he submitted a copy of his WD AGO Form 55 (Honorable Discharge from the Army of the United States), dated 12 November 1942; a copy of a Certificate of Service, dated 3 February 1946; and a copy of a court order from the City Court of the City of New York, dated 9 November 1949, granting the applicant’s request to change his name.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant’s WD AGO Form 55 (Honorable Discharge from the Army of the United States).

On 28 March 1941, he was inducted into the Army of the United States and served until honorably discharged on 12 November 1942.  He was discharged under the provisions of Army Regulation 615-360 for the convenience of the government in order to accept appointment and active duty as a second lieutenant in the AUS.  He was credited with 1 year, 7 months, and 16 days of creditable military service.  

The applicant served honorably in the active federal service of the AUS from 13 November 1942 to 3 February 1946.  He was credited with active commissioned military service of 3 years, 2 months, and 21 days.  

The applicant’s entrance and separation documents from his enlisted and commissioned periods of service record his name as "H***** L******* K****off." Some 3 years after his separation from military service, the applicant petitioned the City Court of the City of New York to change his name to "L******* K****."  On 9 November 1949, the Court granted the change.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The applicant has not shown that his name, as it appears in his military records, is incorrect.  That he legally changed his name 3 years after his military service does not invalidate his service records.

3.  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

__KAK __  __REB__  __TEO __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060573	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460203	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.