MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 February 2002                  
	DOCKET NUMBER:   AR2001062132

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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:  Reconsideration of his request for correction of his name in his military records.

APPLICANT STATES:  That his actual birth name is different from the name on his military records.  He submits a photocopy of birth records in support of his request.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in a Memorandum of Consideration, prepared to reflect the Board's original consideration of his case on 7 December 1997, docket number AC97-10924.

His DD Form 1966, Application for Enlistment, Item 28a, Relatives, shows a different name for father and mother than the names shown on the birth records submitted by the applicant in 1996 and with his current application.

His enlistment application also shows that at the time of his enlistment his birth certificate was reviewed and verified by the recruiter.

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 applicant is not entitled to correction to his military records to show his name in his military records as another name.

2.  The Board notes the applicant’s contentions that his name is incorrect on his military records; however, the applicant has not sufficiently shown that the birth certificate submitted with his current application is in fact his (the applicant’s).  It is also noted that his enlistment document and his birth registry in his records is different than what he has submitted, and shows different parents.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

_rtd____  _jhl______  _rjw___      DENY APPLICATION

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

INDEX

CASE ID	AR2001062132	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.