MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002068726

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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 military records be changed to reflect his current first name.

APPLICANT STATES:  In effect, that when he entered the Army, enlistment officials insisted that he use the first name recorded in his certificate of birth.  He states that he is now 77 years old, and he would like his military records to reflect the first name he has always used for the purpose of clarity.  In support of his application, he provides the following documents:  separation document 
(WD AGO Form 53-55); birth certificate with associated documents; Department of State Affidavit Regarding Change of Name (Form 11-75): and copies of identification cards for his health insurance and civilian retirement.  

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

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55.

The applicant’s WD AGO Form 53-55 confirms that he was inducted into the Army of the United States on 10 June 1943, entered active duty on 23 June 1943, and continuously served on active duty for 2 years and 7 months until being honorably separated, in the rank of technician five (TEC-5), on 23 January 1946.   Item 1 (Last Name, First Name, Middle Name) contains the name under which the applicant served throughout his tenure on active duty and in military service.  Item 56 (Signature of Person Being Separated) contains the applicant’s signature, verifying that he authenticated this document and the information contained therein on the date of his separation.  

The applicant’s WD AGO Form 53-55 also shows that he served in the European Theater of Operations (ETO) from 31 July 1944 to 2 January 1946 and that he participated in the Northern France, Rhineland, and Central Europe campaigns of World War II.  This document also shows that he earned the following awards during his tenure on active duty:  European-African-Middle Eastern Service Medal; Good Conduct Medal; American Service Medal; and World War II Victory Medal. 

The applicant provides a copy of his birth certificate and related documents that confirm that the first name recorded in his military records, to include his WD AGO Form 53-55, was in fact the first name given him at birth.  He also provides a Department of State Affidavit Regarding Change of Name, dated 12 February 1986, a sworn affidavit prepared by his sister, in which she states that the applicant used a first name different than the one on his birth certificate and in his military records and that he had always used it since 1924, with the exception of the time he spent in military service. 

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 Board notes and understands the applicant’s desire to have the first name recorded in his military records changed to the first name he has always used.  However, he provides no evidence that suggests the first name recorded in his records is in error.  Further, the Board finds an insufficient evidentiary basis to conclude the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the first name under which he served.

2.  The evidence of record confirms that the applicant was inducted, served, and was honorably separated from the Army under the name shown in WD AGO Form 53-55, which was also the name given him at birth and recorded on his birth certificate.  The fact that he prefers to and has used a different first name is not a sufficiently mitigating basis for changing the first name recorded in his military records at this time. 

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  Therefore, the Board concludes that it would not be appropriate to change the applicant’s first name in the existing military records.  

4.  The first name recorded in the applicant’s military records is the same one that was recorded and is still on his birth certificate.  Therefore, the Board concludes that the presentation of this document in concert with the appropriate military records will serve to confirm his military service for whatever purpose necessary and satisfy any questions that may arise in regard to his service related entitlements and benefits.  

5.  In addition, the Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which indicates the first name he prefers to use, will be filed in his Official Military Personnel File (OMPF).  This should also serve to clarify any questions or confusion in regard to the difference in his first name recorded in his military record from the one he prefers to use.  

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

     SAC          KWL           JTM      DENY APPLICATION

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

INDEX

CASE ID	AR2002068726	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
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.	100.0100	
2.		
3.		
4.		
5.		
6.