MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          12 December 2002
	DOCKET NUMBER:  AR2002072024

	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. 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 the military records be changed to reflect his current name.

APPLICANT STATES:  In effect, that it is the applicant’s sincere desire that the current name recorded in the military recorded in the military records be changed to show the current name, which legally changed subsequent to the applicant’s discharge in 1988.  In support of this application, the applicant submits a court decree, dated 13 February 1997 from the Superior Court Of Dekalb, State of Georgia, which authorizes the applicant’s name change, and a copy of the separation document (DD Form 214).

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

On 5 July 1983, the applicant entered the Army and successfully completed basic and advanced individual training (AIT).  Upon completion of AIT the applicant was awarded military occupational specialty (MOS) 02D20
(French Horn Player).

The record confirms that the highest rank while serving on active duty was sergeant/E-5 (SGT/E-5).  On 25 March 1989, the applicant was discharged after completing 5 years, 8 months, and 21 days of active military service.  The name recorded in the enlistment contract, service record created upon enlistment, and in records and documents prepared and published throughout the applicant’s tenure on active duty is consistent with the one recorded in the DD Form 214 issued to the applicant upon separation.

The applicant provided a court decree, dated 15 February 1997, from the Superior Court of Dekalb County, State of Georgia, which ordered a name change.

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 the military records changed to the current legally changed name, but it finds no evidence of record or independent evidence that suggests the name recorded in the 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 service was performed.
In view of the foregoing, there is no basis for granting the applicant's request.

3.  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 fact that a name change was accomplished subsequent to separation he is not a sufficiently mitigating factor to warrant changing the name recorded in the 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 the applicant’s current 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 current name documented in his OMPF.

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

__RWA__  __KYF___  __BPI__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072024	
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.