PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 June 2000
	DOCKET NUMBER:   AR1999029751

	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		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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, that a memorandum be added to his records to show his name change. 

3.  The applicant states, in effect, that he would like a memorandum included in his records to show the legal name change he received.  He requests this change so that his records can be effectively used in obtaining VA benefits.  In support of his application, the applicant provided the enclosed copy of the court document, issued by the probate court of Marshall County, Alabama on 16 March 1999, in which his proper name was legally changed.

4.  The applicant’s military records show that he continuously served in the Regular Army from 18 January 1984 to 9 August 1988.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which reveals that he was honorably discharged after completing 
4 years, 6 months, and 21 days of active military service.  

5.  The applicant served his entire period of service under the proper name he held prior to the legal name change he received in 1999, a fact he does not contest.  

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 conditions and circumstances that existed at the time the records were created.  

2.  In the applicant’s case, the records created in 1984 reflect the correct name under which military service.  In the absence of a material error or injustice, the applicant’s military records will not be changed.

3.  However, the Board did conclude that it could grant the applicant’s request that a memorandum be added to his records to reflect his current proper name in order to ease his VA benefit processing.  Therefore, in the interest of clarity, the Board determined it would be appropriate to include this decisional document, along with the enclosed court document, which reflects the applicant’s name change, be filed in the applicant’s Official Military Personnel File (OMPF).  

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

RECOMMENDATION:

That this decisional document, along with the enclosed court-order reflecting the proper name change of the individual concerned be added to his OMPF.

BOARD VOTE:  

___slp___  ____ao__  __lm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029751	
SUFFIX		
RECON		
DATE BOARDED	2000/05/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1988/08/09	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Locally Imposed Bar to Reenlistment 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  2	100.0100	
2.		
3.		
4.		
5.		
6.