MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 August 2003
	DOCKET NUMBER:   AR2003086844

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. John T. Meixell		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:  Correction of his records to show his last name as "E _ _ _ _" instead of "M_ _ _ _ _."

APPLICANT STATES:  In effect, that his records show the incorrect last name.  In support of his application, he submitted a copy of his Marriage License; a Certificate of Appreciation from the U.S. Army Reserve (USAR); his Birth Certificate and an amendment to his Birth Certificate.

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

The applicant enlisted in the USAR on 15 January 1980.  At the time of his enlistment processing, he completed his DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States) to show his last name as 
"M_ _ _ _ _" in Block 1 (Name-last, first, middle).  

The applicant entered his last name as "M_ _ _ _ _" in Block 2 on his DD Form 1966 (Application for Enlistment-Armed Forces of the United States).

Under Item 48b of Section X (Statement of Name for Official Military Records) on the applicant's DD Form 1966/8, he indicated that he preferred to use the name of "L_ _ _ _ M_ _ _ _ _" by which he was known in the community as a matter of convenience and with no criminal intent.  He further stated that he was the same person as the person whose name was shown in Block 2 on the DD Form 1966.  

The applicant's personnel records contain a copy of his Certification of Birth, dated 5 September 1967 which shows his last name as "E_ _ _ _."  

The applicant provided a copy of his Birth Certificate and amendment to his Birth Certificate which show his last name as "E_ _ _ _."

The applicant was ordered to active duty for training (ADT) on 16 June 1980.  He was released from ADT and was discharged from the USAR on 25 July 1980.  His DD Form 214 shows his last name as "M_ _ _ _ _" in Block 1 (Name-last, first, middle).  He authenticated his DD Form 214 indicating his last name as 
"M_ _ _ _ _."

Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  Although the applicant's birth name is "E_ _ _ _," he appropriately served on and was released from active duty under the name "M_ _ _ _ _."  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so an additional record of his birth name will be on hand.

3.  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

FNE____  JTM_____  MVT____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086844	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030819	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.