MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 January 2002                   
	DOCKET NUMBER:   AR2001062819

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 Certificate of Release or Discharge from Active Duty, DD Form 214, and his Army Achievement Medal certificate be corrected to show his new name.  He also requests reconsideration of his request to change his reentry (RE) code so he can reenlist.

APPLICANT STATES:  In effect, that he changed his name in January 2000 and he would like his DD Form 214 and his Army Achievement Medal certificate to reflect his new name.  Also, his discharge orders state that he would be ineligible for reenlistment for 7 years.  That time has now passed and he would like an RE code that would enable him to reenlist.  He provides his DD Form 214 as supporting evidence.  He states that he includes the page of his military discharge orders which state he would only be ineligible for reenlistment for a period of 7 years but it was not attached to the application.  He states the original is in his records.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his request to change his RE code on 29 July 1998.

The applicant enlisted in the Regular Army on 9 February 1993 under the name B___ H___ G___, III.  All documents, to include the Army Achievement Medal certificate dated 1 August 1994, in his records show his name as B___ H___ G___ or B___ H___ G___, III.  

The 20 June 1994 memorandum in which the applicant acknowledged that he was advised by counsel of the basis for the contemplated separation action erroneously indicated he would be ineligible to apply for enlistment for a period of 2 years after discharge.

Orders 179-27, Headquarters, National Training Center and Fort Irwin dated     28 June 1994 do not indicate how long the applicant’s ineligibility for reenlistment period is.

The applicant’s DD Form 214 shows that he was discharged on 15 July 1994 under the name of B___ H___ G___, III with an RE code of 4.

The applicant provides a certificate of name change dated 28 January 2000 showing his name was changed to J___ W___ A___.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part 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.

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 changed his name to J___ W___ A___ in January 2000, he appropriately served on active duty and was discharged under the name B___ H___ G___.  While the Board understands the applicant’s 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 current name will be on hand.

3.  The overall merits of the applicant’s request to change his RE code, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.  Although one document erroneously indicated he would be ineligible to reenlist for a period of 2 years, considering the reason for his discharge the nonwaivable disqualification and its attendant RE code of 4 was and still is appropriate.  

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

__tsk___  __fne___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062819	
SUFFIX		
RECON		
DATE BOARDED	20020110	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.03	
3.		
4.		
5.		
6.