MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            21 February 2002                  
	DOCKET NUMBER:   AR2001064294

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson . 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr . Melvin H. Meyer		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 to his separation document (DD Form 214) to show his name change.

APPLICANT STATES:  That his name has been legally changed.  He submits a copy of his court order and DD Form 214 in support of his application.

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

He enlisted in the Regular Army on 8 April 1969.

He was discharged under honorable conditions on 9 September 1971.

On 31 May 1990, the Circuit Court for Hawkins County at Rogersville, Tennessee legally changed his name, after his separation from the 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 applicant’s DD Form 214 is correct and need not be changed.  In his case, the records reflect the correct name under which military service was performed and the applicant changed his name after his service.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  In the absence of showing material error or injustice, those records should not be changed.

4.  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.  However, this document will be filed with your case in your official military records.

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 this 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

_tap____  _mmh____  _gdp____  DENY APPLICATION

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

INDEX

CASE ID	AR200106429	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	100.01	
3.		
4.		
5.		
6.