MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:   AR200106-3573

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy		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:  Correction of his military records to show his current name.

APPLICANT STATES:  He has legally changed his name.  He now desires his military records to coincide with that change.  

In support of his application he submits a court order legally changing his name effective 23 September 1999.

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

He enlisted in the Regular Army on 19 November 1969 under the name he was legally given at birth, was promoted to pay grade E-5, and was released from active duty on 14 November 1972.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and 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/information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant's case the records reflect the correct name under which military service was performed.

4.  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.

5.  The Board notes that since a judge ordered the applicant's name changed, he may use that court order along with his DD Form 214 to verify his military service.  

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

__sk____  ___jtm___  ___teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063573	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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.		
2.		
3.		
4.		
5.		
6.