MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002072906

	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. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		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 be changed to reflect the last name recorded on his birth certificate.  

APPLICANT STATES:  In effect, that the last name listed on his separation document (DD Form 214) is incorrect and should be corrected to reflect his birth last name, which is recorded on his birth certificate.  In support of his application, he submits a copy of his DD Form 214, a correction to his separation document (DD Form 215), and a reproduced copy of his certificate of birth.

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

On 4 March 1968, he was inducted into the Army for a period of 2 years.  His Official Military Personnel File (OMPF) contains a copy of his Record of Induction (DD Form 47).  Item 1 (Name) of this document lists a last name that is different from the last name recorded in the birth certificate he has provided.  However, the last name listed on the DA Form 47 is also the last name recorded in his personnel record.  

The Personnel Qualification Record (DA Form 2-1) prepared on and authenticated by the applicant with his signature upon his entry on active duty, on 11 March 1968, contains the same last name that was listed in Item 1 of the 
DD Form 47.

On 10 October 1969, the applicant was released from active duty (REFRAD), in the rank of private first class/ E-3.  The DD Form 214 issued to him on this date shows that he completed a total 1 year, 7 months, and 7 days of active military service.  Item 1 (Name) of this document lists the same last name that was recorded on his DD Form 47, the military record prepared on him upon his entry on active duty, and in all other documents prepared and published on him throughout his military service tenure. 

Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states, in pertinent part, that Item 1 will contain the name taken from the soldier’s personnel record.  

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 the last name recorded in his birth certificate.  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 Board finds no evidence that suggests that the applicant has suffered or would suffer any injury or injustice as a result of the Army maintaining its records with the last name under which he served.  He was inducted, served, and was honorably separated from the Army using the last name recorded in his military records.  The fact that now, more than 30 years after the fact, he wishes the last name recorded in his military records changed is not a sufficiently mitigating factor that warrants granting this requested relief. 

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 last name recorded in his records changed, it finds no 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 his birth last name and the last name recorded in his military records.  This should also satisfy his desire to have his birth last 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

__MKP__  __CJP __  _  _HBO __  DENY APPLICATION

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

INDEX

CASE ID	AR2002072906	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/29	
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.