MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000    
	DOCKET NUMBER:   AR1999032835

	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. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 first name be changed to his legal first name and that an entry pertaining to his birth name be deleted in item
18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  In effect, that the first name shown in item 1 (Name) on his DD Form 214 is not his legal full name.  He contends that he does not use the other name shown in item 18 (Remarks) on his DD Form 214 and would like the entry deleted from the form.  He states that the error is causing him difficulty in securing employment.  In support of his application, he submits copies of various forms of identification.     

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

The applicant enlisted on 5 November 1986.  He was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct on 10 December 1986 with an uncharacterized discharge.

Item 1 (Name) on the applicant’s DD Form 214 shows his first name as “Terry”.  Item 18 (Remarks) on the DD Form 214 shows “REF ITEM 1:  OTHER NAME OF RECORD:  TULLIT _______ _______”.

Section VIII (Statement of Name for Official Military Records), item 48 (Name Change) on the applicant’s DD Form 1966/6 (Enlistment Document), dated 
19 June 1986, indicates that the applicant’s name shown on his birth certificate is Tullit _______ _______.  This document states that the applicant’s name shown on his Social Security Number Card is Terry _______.  Item 48c on the DD Form 1966/6 shows “I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of Terry _______ by which I am known in the community as a matter of convenience and with no criminal intent.”   

The applicant’s records contain a birth certificate with the name “Tullit _______ _______”.  His records also contain an amendment of birth record to reflect court order change of name dated 17 May 1990.

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 that the applicant’s birth name was Tullit _______ _______.  

2.  Evidence of record shows that the applicant acknowledged his birth name at the time of his enlistment; however, chose to use the name Terry _______ as a matter of convenience and with no criminal intent.  

3.  The applicant’s DD Form 214 with an effective date of 10 December 1986 shows his name as Terry _______.  Item 18 (Remarks) on the applicant’s DD Form 214 addresses the applicant’s other name of record, his birth name.

4.  The Board noted that the applicant legally changed his name to Terrance _______ on 17 May 1990, approximately 3 ½ years after his discharge.  However, based on the foregoing, item 1 (Name) and item 18 (Remarks) on the applicant’s DD Form 214 are correct as currently constituted. 

5.  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.

6.  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

JMA___  TSK ____  AAO  _____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032835	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19861210	
DISCHARGE AUTHORITY	AR 635-200 Chapter 11	
DISCHARGE REASON	Entry level status performance and conduct	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.