MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001060501

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 military records be changed to reflect his current last name.

APPLICANT STATES:  In effect, that when he entered the Army his mother’s maiden name instead of his birth last name was incorrectly typed on his military records.  He states that he submitted an application to this Board to correct his last name on two occasions and never received a reply.  In support of his application, he provides a copy of his original application to the Board, dated 
25 March 1997, and a copy of a letter from the Chief, Screening Team, Department of the Army, Review Boards Agency, dated 14 September 1998, that administratively closed his case without action by the Board based on the lack of records.

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

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document (DD Form 214).

The applicant’s separation document, which he authenticated with his signature on the date of his separation, confirms in item 1 (Last Name, First Name, Middle Name) the name he used during his active duty service. 

The separation document also shows that the applicant entered active duty on his last period of service on 12 August 1953, and continuously served until being honorably separated on 14 July 1955.  At the time of his separation, he had completed a total 1 year, 11 months, and 3 days of his current enlistment and 
2 years, 2 months, 2 days of prior service.  

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 notes the applicant’s claim that his last name was incorrectly listed in his records.  However, the Board finds insufficient available evidence to support this claim.

2.  The available evidence does include a properly constituted DD Form 214, which was authenticated by the applicant with his signature on the date of his separation.  This document lists the last name on file in the applicant’s military records on the date of his honorable separation in 1955.  

3.  Given the applicant’s authentication of the information contained in his 
DD Form 214 and lacking evidence to the contrary, the Board is compelled to presume administrative regularity in its preparation and that it reflects the correct last name contained in his military records at the time and under which he performed his military service. 

4.  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.  Therefore, the Board concludes that the requested relief is not appropriate in this case. 

5.  The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his last name change, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his current last name and the last name recorded in his military record and satisfy his desire to have his birth last name documented in his OMPF.  

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

__INW___  ___SK__  __KAH___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060501	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/15	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.