MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 October 2001                   
	DOCKET NUMBER:   AR2001061928

	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. Nancy Amos		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:  That his records be corrected to show his name as Robert R___, not Roberto R___-R___.

APPLICANT STATES:  That his birth certificate shows his name as Robert R___. The lady at the Selective Service Board in Puerto Rico would not take his birth certificate as proof and put him down as Roberto because he was in Puerto Rico. He was too innocent and would not contradict her and kept quiet up to now.  He is having problems with the VA and the Social Security Administration.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant was born in New York City, NY.  His birth certificate shows his name as Robert R___.  He enlisted in the Puerto Rico Army National Guard on   9 November 1947.  His Enlistment Record, WD NGB Form 21, shows his name as Roberto R___-R___.  He signed the contract as Roberto R___-R___.  He enlisted in the Regular Army on 4 December 1948 at Henry Barracks, Puerto Rico.  His Regular Army enlistment contract is not available.  He separated on    3 December 1949.  His Certificate of Service shows his name as Roberto R___.  

Army Regulation 635-5 is the current regulation that prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that the Certificate of Release of Discharge from Active Duty provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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.  Although the applicant’s birth certificate records his name as Robert R___,   he enlisted in the Puerto Rico Army National Guard under the name Roberto R___-R___.  The Board presumes he enlisted in the Regular Army under the name Roberto R___, the name shown on his Certificate of Service.  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.  This Board action will be filed in his military records so a record of his birth name will be on hand and may assist him with any problems he is having with the VA or the Social Security Administration.

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

__fne___  __mhm___  __bje___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061928	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.