MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 July 2002
	DOCKET NUMBER:   AR2002070029

	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. JoAnn H. Langston		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Roger W. Able		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 name.

APPLICANT STATES:  In effect, that it is his sincere desire that the name recorded in his military records be changed to show his adopted name, which was legally changed subsequent to his discharge in 1977.  In support of his application, he submits a court decree and a certificate of adoption dated
19 December 2001, from the County of Westchester, Surrogate Court of the State of New York, authorizing his name change.

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

On 28 December 1976, he entered the Army for a period of 3 years.  He successfully completed basic and advanced individual training (AIT).  Upon completion of AIT, he was awarded military occupation specialty (MOS) 
11B (Infantryman).

During the enlistment process, the applicant completed Section III (Verification Of Personal Data) of his application for enlistment (DD Form 1966), specifying that he preferred to use an enlistment name that differed from the name listed in his birth certificate, although his name had not been changed legally.  He further indicated that it was his preference to use this name as a matter of convenience because it was the name by which he was known in the community, and that he had no criminal intent for this action.  He finally authenticated this request with his signature in this section of his enlistment application formally requesting this preferred name be used in his enlistment contract and in his military records.  This preferred name request, in effect, changed only the first name that would be recorded in his military records and did not impact his last name at the time. 

The Personnel Qualification Record (DA Form 2-1) prepared on the applicant on 29 December 1976, contains the preferred name he requested to use and that was listed in his enlistment contract.  In addition, all the orders and other official documents prepared on the applicant throughout his active duty tenure all listed the preferred name he requested be used for his military record.  There is no indication that the applicant ever attempted to change his preferred first name or last name he used for military record purposes to his adopted last name during his active duty tenure.  

The DD Form 214 issued to the applicant on 8 December 1977, the date he was separated from active duty, shows that he completed a total 11 months and 11 days of active military service.  Item 1 (Name) of this document listed the preferred first name and birth last name of the applicant, which is consistent with the name recorded in his enlistment contract, in his military records, and in all other documents published on him throughout his active duty service.

The applicant provided a court decree and certificate of adoption, dated 
19 December 2001, issued by the Surrogate Court of the State of New York, County of Westchester, that was published subsequent to his separation from the Army on 8 December 1977.  These documents authorized his adoption and ordered a change to his last name.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes and understands the applicant’s desire to have the name recorded in his military records changed to his current adopted name that was legally changed by court order on 19 December 2001.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.  

2.  Further, the Board finds an insufficient evidentiary basis to conclude that the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the name under which he served.

3. The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that his name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the name recorded in his military records.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

5.  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 confirms his name change, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his current name and the name recorded in his military record and satisfy his desire to have his legal name change documented in his record. 

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

_ _JHL_ _  __TBF__  __RWA__  DENY APPLICATION

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

INDEX

CASE ID	AR200207009	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/09	
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.