MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          13 November 2003
		DOCKET NUMBER:  AR2003090501

	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. Arthur A. Omartian		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. Ronald E. Blakely		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 "F_ _ _ _ _ _ _" instead of "H_ _ _."

APPLICANT STATES:  That his family and the military accepted him as "L_ _ _ _ C. H_ _ _" and thought that was his name.  He claims that he discovered that his name is "L_ _ _ _ C. F_ _ _ _ _ _ _" after he started looking for federal employment.  

The applicant provided a copy of his DD Form 214 (Report of Separation from Active Duty), a Certification of Vital Record, and his social security card as supporting evidence.

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

The applicant enlisted in the Regular Army on 21 June 1974.  At the time of his enlistment processing, he completed his DD Form 4 (Enlistment Contract – Armed Forces of the United States) to show his last name as "H_ _ _."

The applicant's personnel records contain a DA Form 3284-R (Applicant's Statement of Name Change) dated 18 June 1974.  He indicated in Block 1 on this document that the name as recorded on his birth certificate was "L_ _ _ _ C. 
F_ _ _ _ _ _ _."  He also indicated that the name he preferred to use was
"L_ _ _ _ C. H_ _ _" as a matter of convenience and with no intent to defraud.  He further indicated that he was the same person whose name appeared on the above-mentioned birth certificate.

The applicant provided a copy of his birth certificate filed on 12 March 1956 which shows his last name as "F_ _ _ _ _ _ _."

The applicant was released from active duty on 26 September 1974.  His DD Form 214 shows his last name as "H_ _ _" in Block 1 (Last name, first name, middle name).  He authenticated his DD Form 214 indicating his last name as "H_ _ _."

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 "F_ _ _ _ _ _ _", he appropriately served on and was released from active duty under the name "H_ _ _."  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

AAO_____  ECP_____  REB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003090501	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031113	
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.