MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  17 May 2000
	DOCKET NUMBER:   AR1999032561

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Fred N. Eichorn		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:  That his records be corrected to show his last name as his birth name and his correct date of birth.

APPLICANT STATES:  The military used his stepfather’s name when he enlisted and not his real surname.  He informed the authorities when he realized the error but they chose not to change his records.  He provides copies of his birth certificate, driver’s license, and social security card.

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

He enlisted and entered active duty on 27 October 1983.  He completed training as a petroleum supply specialist and was assigned to Fort Hood, Texas.  Beginning in October 1984, he started receiving numerous counseling statements for absence from his place of duty, absence from formations, out of uniform, and writing bad checks.

The applicant was punished under Article 15, UCMJ on 29 and 31 January 1985. On 8 February 1985 a local bar to reenlistment was approved.  On 11 February 1985 he received a letter of reprimand for writing bad checks.  On 19 March 1985 he was released on bail for a civil charge of “theft by check”.  

At a mental status evaluation on 22 March 1985, the applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.

On 3 April 1985 he was counseled on possible separation for unsatisfactory performance.  On 8 April 1985 he was punished under Article 15, UCMJ for absence from his place of duty.

On 11 April 1985 he was notified by his commander of initiation of actions which could result in his separation for unsatisfactory performance with a general discharge.  The applicant acknowledged this notification with his signature.  A signed copy of his waiver of rights to submit a statement in his behalf and to consult with counsel is not in the available record.

The separation authority approved the request for separation and directed issuance of a general discharge.  Effective 17 May 1985 the applicant was separated under the authority of AR 635-200, chapter 13, under honorable conditions.  He had 1 year, 5 months, and 17 days creditable service and 35 days lost time.  His last name and date of birth shown on the DD Form 214 (Report of Separation) are the same as he used at the time of enlistment.

All of the documents in the available record show the same last name as the applicant used at the time of his enlistment.  Additionally, the applicant completed a statement that his mother did not marry his father but he requested to use his mother’s married name at the time of his enlistment.  There is no documentation in the available record that shows that he requested, at any time, to change his name prior to this request.  The copy of the verification of birth for school purposes provided by the applicant, which has the name and date of birth requested by him, does not have the same certificate file number that he used at the time of his enlistment.

The applicant’s records are inconclusive on the correct date of birth.  His enlistment documents show 25 May 1964 and his Certificate of Clearance shows 25 March 1964.  Additionally his request for a replacement identification card shows 25 May 1964.

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 applicant’s contention that it was a military decision to use a different last name for him other than his birth name it without creditability considering all the facts in this case.  He specifically requested to use a name at enlistment and so used that name throughout his period of service.

2.  Notwithstanding the copy of the verification of birth, driver’s license, and social security card provided by the applicant, it was clearly his intent to enlist under a different last name than his birth name.  Additionally the date of birth data in the record and now provided by the applicant are inconclusive as to a matter of fact.  The applicant had previously authenticated documents with his signature that he now contends were incorrect.

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

4.  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.

5.  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

__CF__  __RW___  ___FE___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032561	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.02	
3.		
4.		
5.		
6.