MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 May 2002                   
	DOCKET NUMBER:   AR2001063946

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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:  Correction of his military records to show his middle name as J___ vice L____, and to correct his date of birth (DOB) to read 
.

APPLICANT STATES:  In effect, he believes that the error with his name, DOB and POB occurred when he entered the military in 1978.  He was young, nervous and scared at the time of his enlistment.  He signed his papers without reading them thoroughly.  At the time of his enlistment he submitted his Baptismal Certificate he did not have his Birth Certificate.  He has tried to get the corrections made several times but to no avail.  The applicant submits in support of his application a copy of his Baptismal Certificate, a copy of his 
Social Security Card, a copy of a Delayed Registration of Birth and a copy of his Driver’s License.

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

On 22 March 1978, he enlisted in the U. S. Army Reserve in pay grade E-1, for
6 years.  On 19 April 1978, he enlisted in the Regular Army in pay grade E-1, for 3 years.  He completed the required training and was awarded military occupational specialty 16P10 (Short Range Missile Crewman).

On 29 October 1980, he extended his enlistment for 11 months.  On 18 June
1982, the applicant was released from active duty and transferred to the U. S. Army Reserve.

The applicant’s record shows his Enlistment or Reenlistment Armed Forces of the United States (DD Form 4) authenticated in his own hand, his middle name as L____ and his DOB as.

The applicant’s Record of Military Processing Armed Forces of the United States
(DD Form 1966) authenticated in his own hand and filed in his service record shows his POB as  It also shows that his POB was verified 
by the applicant’s Birth Certificate #54-6661, issued in the county and state of 

The applicant’s Oath of Extension of Enlistment (DA Form 1695) authenticated in his own hand shows his middle name as L____.  

His Certificate of Release or Discharge from Active Duty (DD Form 214) shows in middle name as L____ and it also shows his DOB as.

The applicant provided a copy of his Baptismal Certificate, which shows his place of Baptism as.  He provides a copy of his SSN card, a copy of his Driver’s License and a copy of his Delayed Registration of Birth, which was filed on 24 December 1983.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirements, 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.  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 this requirement.

2.  The applicant’s official military record shows that he enlisted, served and was discharged under the middle name of L___.  His record also shows his DOB as   The applicant’s middle name, DOB and POB were authenticated in his own hand and was verified by his Birth Certificate.

3.  The documents provided by the applicant are insufficient evidence to warrant a change.

4.  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 material error or injustice, this Board is reluctant to recommend that those records be changed.

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

__jlp___  __bje___  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063946	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.0800	
3.	100.0200	
4.		
5.		
6.