MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 August 2002
	DOCKET NUMBER:   AR2002073611

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 middle name recorded in his military records be changed.  

APPLICANT STATES:  In effect, that the middle name recorded in his military records is incorrect and should be corrected.  In support of his application, he provides a copy of his birth certificate. 

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

He initially enlisted in the Regular Army on 29 April 1968, and continuously served on active duty until being honorably separated on 12 May 1971.  The applicant’s enlistment contract (DD Form 4) and accompanying documents all contain the middle name Rene.  This includes the applicant signatures in 
Item 55 and Item 57 of the DD Form 4.

The personnel records prepared on him upon his entry on active duty, and all orders and documents on file in his Official Military Personnel File (OMPF), all contain the same middle name, Rene, which is the middle name under which he performed all his military service.  

The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, confirms that he was released from active duty on 12 May 1971.  The middle name recorded in 
Item 1 (Name) of this document, Rene, is the same one recorded in his enlistment contract, personnel record, and under which he served throughout his active duty tenure.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged).  His signature contained the middle initial R, which stood for Rene.  This is consistent with the signature he used throughout his military service tenure. 

The applicant provides a copy of a birth certificate from the Connecticut State Department of Health, Bureau of Vital Statistics, which lists his birth middle name as Aldeo.  However, he provides no explanation as to why he chose to use the middle name Rene during his military service.  

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

2.  The applicant enlisted, served, and was honorably separated from the Army using the preferred middle name used for his military records.  The Board finds the fact that he now, more than 30 years after his separation, desires to have the middle name recorded in his military records changed to his birth middle 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 middle 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 middle 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 middle 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 middle 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

__JHL __  __ RVO  _  __BJL __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002073611	
SUFFIX		
RECON		
DATE BOARDED	2002/08/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/05/12	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0100	
2.		
3.		
4.		
5.		
6.