MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 February 2000                  
	DOCKET NUMBER:    AR1999031308

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		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 DD Form 214 (Report of Separation from Active Duty) be corrected to show his birth name.  

APPLICANT STATES:  In effect, that he was unaware of his birth name when he enlisted in the Army.  He contends that his mother and stepfather changed his name when he was three years old.  However, subsequent to his discharge from the Army he discovered the identity of his biological father and the fact that his name had not been legally changed by his mother and stepfather.  In support of his application, he submits an affidavit from his mother supporting his contentions, a personal notarized letter, a copy of his DD Form 214, a photograph of a soldier and the addresses of his mother, father and stepfather for reference purposes.      

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

At the age of 17, with parental consent, the applicant enlisted on 23 September 1974 for a period of 2 years.  He served as a field artillery crewman in Germany from February 1975 to March 1976.  On 29 March 1976 the applicant was discharged with an under honorable condition (general) discharge under the provisions of Army Regulation 635-200, chapter 5, for failure to maintain acceptable standards for retention (Expeditious Discharge Program).

DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 
23 September 1974, shows the same name which is listed on the applicant’s DD Form 214.

The applicant provided two notarized documents which state that his birth name is different from the name used at the time of his enlistment and discharge from the Army.  These documents also state that the applicant discovered his birth name after his discharge from the Army.  However, there is no legal evidence which shows the applicant had another name.   

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.  The Board noted the applicant’s contentions.  However, evidence of record shows the applicant’s name is the same name used at the time of his enlistment and discharge from the Army. There is no legal evidence (i.e. court document or birth certificate) available to the Board, and the applicant has provided no legal evidence, which shows the applicant had another name.  Therefore, he is not entitled to correction of his name on his DD Form 214.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

RVO____  EB______  RJW_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031308	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19760329	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Failure to maintain acceptable standards for retention (Expeditious Discharge Program)	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.