MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 August 2002
	DOCKET NUMBER:   AR2002072568

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		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 reflect his current last name.

APPLICANT STATES:  In effect, that it is his sincere desire that the last name recorded in his military records be changed to show his current last name, which he legally changed subsequent to his discharge in 1995.  In support of his application, he provides a copy of a court decree granting a change to his last name and a copy of his separation document (DD Form 214).

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

On 3 July 1986, the applicant initially entered the Army.  He continuously served on active duty for 9 years and 19 days until being honorably discharged on 
21 July 1995.  

The last name recorded in the applicant’s 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 DD Form 214 issued to him on the date of his separation.

The applicant provided a court decree, issued by the Thurston County District Court, that was published subsequent to his separation from the Army on
27 October 1995.  This document 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, it is concluded:

1.  The Board notes and understands the applicant’s desire to have the last name recorded in his military records changed to his current last name as changed by the 27 October 1995 court decree.  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.  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 last name under which he served.  He enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that his last name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the last name recorded in his military records at this time.  In view of the foregoing, there is no basis for granting the applicant's request.

3.  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.

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 last 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 last name and the last name recorded in his military record and satisfy his desire to have his legally changed 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

___LLS__  __PM___  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072568	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/06	
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.