MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 September 2003
	DOCKET NUMBER:   AR2003091447

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Walter T.Morrison		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 name on his military records be changed to reflect his birth name.

APPLICANT STATES:  That he entered the military under the name of the family that had "informally" adopted him.

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

He enlisted in the Regular Army on 4 November 1942 under the last name S____.  His WD AGO Form 55 (Honorable Discharge from the Army of the United States) shows that he was honorably discharged on 25 March 1943 under the last name of S_______.

The applicant provided his birth certificate which shows his date of birth as 
5 September 1920 and his last name as B________.

The applicant provided a copy of his Social Security Card; a copy of a Health Insurance Card; a copy of a Virginia Insurance Card, and a copy of his Commonwealth of Virginia driver's license.  Each of these documents provided show the last name of B_____.

The applicant also provided a copy of a 23 April 1949 deposition that states that R______ B_______ and R______ S_________ are one and the same person.

The applicant also provided a 14 April 1959 United States of America Veterans Administration Certificate of Eligibility that certifies that R______ B_______ served as R______ S_________.

Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II.  In pertinent part, this Technical Manual requires the entry of the soldiers first and last name on the WD AGO Form 55.

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 material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  Although the applicant's birth name is B______, he appropriately served on and was released from active duty under the name S______.  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 in this case.  This Board action will be filed in his military records so a 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

__SP ___  __ TAP __  __WTM  _  DENY APPLICATION

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

INDEX

CASE ID	AR2003091447	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003	
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.	100.0000.0000	
2.		
3.		
4.		
5.		
6.