MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 January 2002                   
	DOCKET NUMBER:   AR2001062662

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		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 Report of Separation, WD AGO Form 53-55, 
be amended to show his first name as Peter and his military occupational specialty (MOS) as Cannoneer, 610.

APPLICANT STATES:  That the Commonwealth of Massachusetts legally changed his first name and that he was a cannoneer with the 3d Battalion, 115th Infantry Regiment, anti-tank platoon.  He provides his WD AGO Form 53-55, his Honorable Discharge Certificate, and the court order changing his first name as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 8 April 1943 and entered active duty on 15 April 1943.  He separated on 21 January 1946.  His WD AGO Form 53-55 shows his first name as Suran and his MOS as Postal Clerk, 056. 

On 17 November 1960, the Probate Court in the County of Middlesex, Commonwealth of Massachusetts changed the applicant’s first name from Souran (sic) to Peter.

Army Regulation 635-5 is the current regulation that prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service.  It states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  At the time, Technical Manual 12-235 provided similar guidance for the preparation of the WD AGO Form 53-55.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  Although the applicant legally changed his first name from Suran to Peter in 1960, it appears he appropriately served on and was released from active duty under the first name Suran.  While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so a record of his legal name change will be on hand.

3.  The applicant’s records have been lost or destroyed and he provides no other evidence to show that his MOS was Cannoneer instead of Postal Clerk.

4.  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

__gdp___  __wtm___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062662	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.05	
3.		
4.		
5.		
6.