MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 June 2002
	DOCKET NUMBER:   AR2002071151

	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. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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, specifically his separation document (DD Form 214) be corrected to reflect the official last name given to him at birth. 

APPLICANT STATES:  In effect, that he enlisted using the last name of his grandparents when in fact the last name given him at birth was different.  He requests this last name recorded in his military records now be corrected to reflect the official last name given him at birth.  In support of his application, he provides a separation document (DD Form 214), copies of social security number cards that list both last names in question, and a copy of his birth certificate.

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

On 19 February 1980, the applicant enlisted in the Regular Army for 4 years and entered active duty.  He was trained in, awarded, and served in military occupational specialty (MOS) 51B (Carpentry and Masonry Specialist).  

During the enlistment process the applicant completed Section X (Statement of Name for Official Military Records) of his application for enlistment (DD Form 1966/8), 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.  

The Personnel Qualification Record (DA Form 2-1) prepared on the applicant on 25 February 1980, upon his entry on active duty, 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 the preferred name he used for military record purposes to his birth name during his active duty tenure.  

Finally, the DD Form 214 issued to the applicant on 18 February 1984, the date he was honorably released from active duty, shows that he completed a total 
4 years of active military service.  Item 1 (Name) of this document listed the preferred 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.

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 name recorded in his military records changed to his birth name.  However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibits a material error or injustice.

2.  The applicant enlisted, served, and was honorably separated from the Army under the preferred last name he requested be used for his military records in his application for enlistment.  The Board finds the fact that he now, more than 
18 years after his separation, desires to have the last name recorded in his military records changed to his birth last name is not a sufficiently mitigating factor that warrants granting this requested relief. 

3.  The Board finds no evidence that suggests that the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the last name under which he served.  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 now record his birth last name in his military records, it does not find that this is a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  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 birth last name, 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 the name recorded in his military record and satisfy his desire to have his birth name documented in his OMPF. 

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

__FNE__  __RWA__  __HBO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071151	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/11	
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.	100.0000	
2.		
3.		
4.		
5.		
6.