PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            20 June 2000                  
	DOCKET NUMBER:   AR1999029492

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun
Ms. Rosa M. Chandler		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, correction of his military records to reflect his current name.

3.  The applicant states In effect, that he is requesting that the spelling of his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 17 May 1968) be corrected to read “….ugue” vice “….uque”.  In support of his application he submits a copy his DD 214, a copy his birth certificate and a court decree granting the name change.

4. The applicant’s military records show that he was born on 6 July 1946, and that his birth name was “Daniel L. McM…..”  On 18 May 1966, he was inducted into the Army of the United States for a period of 2 years.  His DD Form 98 (Armed Forces Security Questionnaire) is annotated to show that he had been adopted, date unknown, and that his adopted name was then Daniel L. “….ugue”.

5.  Further, his DD Form 47 (Record of Induction), dated 18 May 1966, shows that he was inducted as Daniel L. “….ugue.”

6.  While in the service a number of military orders, documents and certificates were issued with various spellings of his last name to include “….uque,” ….oque,” “….aque,” and other variations.  

7.  On 17 May 1968, the applicant was honorably separated under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He had completed 2 years of active military service.  His DD Form 214, in Item 1 (Last Name, First Name, Middle Name) shows his name as Daniel L. “….uque.”

8.	On 14 October 1981, the Circuit Court of the Fourteenth Judicial Circuit, 
Mercer County, Illinois issued a change in his name from Daniel L. McM…” to 
Daniel L. “….ugue.”

9.  Army Regulation 635-5, specifies that a DD Form 215 (Correction to DD Form 214) will be utilized to issue corrections to the DD Form 214, once issued.  

10.  Other Army regulations specify that a DD Form 1343 (Notification of Change in Service Member’s Official Records) will generally be issued to identify correction to other documents in the official military personnel file.  The document will also be issued to other appropriate governmental agencies to correct their records.

CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the names and facts that existed at the time the records were created.

2.  Considering that the applicant was inducted into the military as Daniel L.  
.…ugue, the majority of his military records show that he performed his military duties under the name of Daniel L. “…ugue,” and that he has a court order stating that his name has been changed to Daniel L. “….ugue,” the Board concluded that he is entitled to have his DD Form 214 corrected to show that he performed military service under the name of Daniel L. “.…ugue.”

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

      a.  by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) which shows that the DD Form 214 issued to him on 17 May 1968, Item 1, is corrected to show that his name was Daniel L. “….ugue;” and 

       b.  by issuing to him a DD Form 1343 (Notification of Change in Service Member’s Official Records) showing the correct spelling of his last name, social security number and other information required by the form as appropriate.

BOARD VOTE:  

_vbc____  __jea___  __ewl ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Van B. Cunningham__
		        CHAIRPERSON

INDEX

CASE ID	AR1999029492	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	100.01	
3.		
4.		
5.		
6.