MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            12 December 2002
	DOCKET NUMBER:    AR2002070085

	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 Blakley		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 her current name.

APPLICANT STATES:  In effect, that it is her sincere desire that the current name recorded in her military and medical records be changed to show her current name, which she legally changed subsequent to her discharge in 1988.  In support of her application, she submits a certificate of birth and a court decree dated 15 November 1991 from the Wayne County, State Of Michigan Probate Court authorizing her name change.

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

On 30 September 1986, she entered the Army for a period of 4 years.  She successfully completed basic and advanced individual training (AIT).  Upon completion of AIT, he was awarded military occupation specialty (MOS) 
63H (Track Vehicle Repairer).  

The applicant’s record confirms that the highest rank she attained while serving on active duty was private first class/E-3 and that on 7 October 1988, she was medically retired, with a disability rating of 30 percent, after completing 2 years and 8 days of active military service.  The name recorded in her enlistment contract, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on active duty, is consistent with the one recorded in the separation document (DD Form 214) issued to her on the date of his separation.

The applicant provided a court decree, dated 15 November 1991, issued by the Probate Court of Wayne, Michigan that was published subsequent to her separation from the Army on 7 October 1988.  This document ordered a change to her name.

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 her name recorded in her military records changed to her current name as changed by the 15 November 1991 court decree.  However, there is no evidence of record or independent evidence that suggests the name recorded in her 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 she served.
3. The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that her name was legally changed subsequent to her separation is not sufficiently mitigating to warrant changing the name recorded in her 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.

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

__RWA__  __KYF___  __BPI__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/12	
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.