MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2002
	DOCKET NUMBER:   AR2002069415

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		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 military records be changed to show his correct first name and his date of birth (DOB).

APPLICANT STATES:  In effect, that the first name and DOB listed on his separation document (DD Form 214) are incorrect.  In support of his application, he submits his DD Form 214 and a reproduced copy of his certificate of birth.

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

On 31 March 1980, he was honorably released from active duty (REFRAD) for the purpose of retirement, after completing a total of 22 years, 6 months and 
10 days of active military service.  

The DD Form 214 issued to and authenticated by him with his signature on the date of his separation, 13 February 1974, confirms that he held the rank of master sergeant/E-8 at that time.  In addition, the first name and DOB entered in this separation document are consistent with those documented in his enlistment contract, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on active duty.

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 understands the applicant’s desire to have the DOB and first name recorded in his military records changed to those listed in his certificate of birth, but it finds insufficient evidence to support this requested relief.  In the opinion of the Board, he has failed to provide evidence to show that he has suffered an injury or injustice based on the information recorded in his record, which he now claims is incorrect.  Also, the Board finds no reason to believe the Army maintaining its records with the name and DOB under which he served would cause him harm in the future.

2.  The Army has an interest in maintaining the accuracy of its records and the information contained therein.  The records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, the applicant admits that the DOB and first name listed in his records were those under which he served and he has failed to provide the necessary evidence to support a change at this time. 

3.  To support a change to the DOB recorded in his military records, the applicant must provide a certified true copy of his birth certificate with an unaltered raised seal that confirms the DOB.  In addition, he should provide an explanation as to why he allowed an incorrect DOB to be entered in and maintained in his military record throughout active duty tenure, to include his  DD Form 214.  
4.  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 that lists the first name and DOB he now claims is correct, 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 and DOB recorded in his military record.  

5.  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

__CLA__  __BJE__  __DPH___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069415	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
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.