MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 April 2002                  
	DOCKET NUMBER:   AR2002068737

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 the correct first letter of his middle name, and the correct date he completed his tour and departed the Republic of Vietnam (RVN).

APPLICANT STATES:  In effect, that his middle name starts with the letter J and not G, and he departed the RVN on 4 July 1969 and not 12 June 1969, as indicated in his record.  In support of his application, he provides a copy of his birth certificate, which shows his middle name beginning with the letter J and not G.  

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

On 28 November 1967, he enlisted in the Regular Army for 3 years and entered active duty.  The Enlistment Contract (DD Form 4) prepared on the applicant during his enlistment processing contains his middle name starting with the letter G and he signed this contract with his full name, including full middle name, using the letter G as the first letter of his middle name.  

The Enlisted Qualification Record (DA Form 20) prepared on the applicant on 
1 December 1967, also lists his middle initial as G in Item 1 (Name) and his signature on this document contains the middle initial G.  In addition, all orders, documents, and other information on file in the applicant’s Military Personnel Records (MPRJ), all contain the middle the letter G as the first letter of his middle name or as his middle initial, and the applicant consistently signed all documents prepared on him throughout his tenure on active duty with the middle initial of G.  There are no documents on file in the MPRJ or any other indication in his record that he ever used J as the first letter of his middle name or as his middle initial during his active duty tenure. 

Item 31 (Foreign Service) of the applicant’s DA Form 20 shows that he served a 13 month tour in the RVN, from 13 May 1968 through 12 June 1969.  Item 
35 (Record of Assignments) confirms that the applicant was assigned to a unit in the RVN on 18 May 1968; however, his departure date is unclear.  The entry following his RVN service in Item 35, is a dropped from the rolls (DFR) entry, dated 12 September 1969.  Item 44 (Time Lost) contains entries indicating that the applicant was absent without leave (AWOL) on five separate occasions, between 13 August 1969 and 3 May 1971, totaling 166 days.

On 7 May 1971, the applicant was released from active duty (REFRAD) at the expiration of his term of service after completing a total of 1 year, 11 months, and 28 days of creditable active military service, and having accrued a total of 
166 days of time lost due to AWOL.  

The separation document (DD Form 214) issued to the applicant on the date of his separation, 7 May 1971, indicates in Item 1 (Last Name, First Name, Middle Name) that the applicant’s middle name started with the letter G.  Item 
30 (Remarks) contains the entry “Vietnam:  13 May 68 – 12 Jun 69”, which indicates he completed his tour and departed the RVN on 12 June 1969.

The applicant authenticated his DD Form 214 in Item 32 (Signature of Person Being Transferred or Discharged) with his signature.  The signature he used contained the middle initial G.  There is no indication that the applicant ever used the letter J as the first letter of his middle name or middle initial throughout his tenure on active duty, or that he ever questioned or raised this issue at anytime while he was serving on active duty or during his separation processing.  

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 the applicant’s contention that his middle name starts with the letter J and not G and that the birth certificate provided by the applicant supports this claim.  However, it finds no error or injustice related to his military records indicating that the first letter of his middle name was G.  

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Information contained in those records should reflect the conditions and circumstances that existed at the time the records were created and under which military service was performed.  

3.  In this case, the evidence of record confirms that beginning with his enlistment contract and ending with the separation document issued to him upon his REFRAD, the middle name used by the applicant throughout his military service started with the letter G.  This includes all signatures of the applicant recorded in the documents on file in his military record.  Further, there is no indication that this issue was ever raised during his enlistment processing, when his military records were created, at anytime during his active duty tenure, or at the time of his separation processing.  Therefore, the Board finds no error or injustice related to this issue and thus, it concludes that the requested relief is not warranted.  .  

4.  For clarity purposes, this decisional document along with the supporting material will be filed in the applicant’s Official Military Personnel File (OMPF).  This should serve to prevent any confusion created by the difference in the first letter of the middle name recorded in the military record and that listed in his birth certificate.  

5.  The Board also noted and considered the applicant’s contention that he served in the RVN through 4 July 1969, and not 12 June 1969, as annotated in his record.  However, the evidence of record appears to confirm that he completed his tour in the RVN on 12 June 1969.  This is supported by an entry in Item 31 (Foreign Service) of his DA Form 20 and Item 31 (Remarks) of his 
DD Form 214, which both indicate he completed his tour in the RVN on 12 June 1969.  Lacking independent evidence to the contrary, the Board is compelled to presume that this tour completion date recorded in his record is correct and it finds no evidentiary basis for changing it at this time. 

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

    KAK         MDM            TL         DENY APPLICATION

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

INDEX

CASE ID	AR2002068737	
SUFFIX		
RECON		
DATE BOARDED	2002/04/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/05/07	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  251	120.0000	
2.  2	100.0100	
3.		
4.		
5.		
6.