MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002074471

	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 his birth middle name.

APPLICANT STATES:  In effect, that the middle name listed on his separation document (DD Form 214) is incorrect.  

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

On 25 March 1968, the applicant 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 listed the middle name that he now claims is incorrect.  This middle name is also the one he used in the signature he entered in an Acknowledgment of Service Obligation statement that he completed at the time of his induction, and which accompanied the DA Form 47.  

On 13 December 1969, the applicant was released from active duty (REFRAD) by reason of overseas returnee, in the rank of specialist four/ E-4.  The DD Form 214 issued to him on this date shows that he completed a total 1 year, 8 months, and 19 days of active military service.  Item 1 (Name) of this document listed the middle name the applicant now claims is incorrect, which was consistent with the middle name recorded on his DD Form 47, 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 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.  Further, the Board finds an insufficient evidentiary basis to conclude the applicant has suffered or would suffer an injury or injustice as a result of the Army maintaining its records with the middle name under which he served.

3.  The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that he now requests that his middle name be changed is not sufficiently mitigating to warrant changing the name recorded in his military records.  

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 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 birth middle name and the middle name recorded in his military record and satisfy his desire to have his birth middle 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

__MKP__  __CJP __  _  _HBO __  DENY APPLICATION

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

INDEX

CASE ID	AR2002074471	
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.