MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2002067772

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, 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:  In effect, that his records be corrected to show his name as M------ J---- M------- instead of M------C---- S--------. 

APPLICANT STATES:  In effect, that he is using his birth name and he wants his records corrected to reflect the name given to him at birth.  In support of his application the applicant submits a copy of a court order dated 26 March 1997 from the state of Michigan, which shows his name change.

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

He enlisted in the Regular Army on 15 October 1986, under the name of M------ C---- S--------.  On 6 December 1991, the applicant was released from active duty and transferred to the U. S. Reserve under the same name.  His Certificate of Release or Discharge from Active Duty (DD Form 214) authenticated in his own hand shows his name as M------ C---- S--------.  

On 8 January 1992, the applicant enlisted in the Virginia Army National Guard (VARNG) under the name M------ C---- S--------.  His enlistment contract authenticated in his own hand shows his name as M------ C---- S--------.  On 
15 April 1993, the applicant was discharged from the VARNG under the same name.

The applicant provides a copy of a court order from the state of Michigan which shows his name change from M------ C---- S-------- to M------ J---- M-------. 

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It 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 material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  Although the applicant provides a copy of a court order changing his name to M------ J---- M-------, he appropriately served in and was discharged under the name he provided upon his entry into active duty and the VARNG.  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.  

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

__mhm___  __kan___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067772	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.