MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 FEBRUARY 2002
	DOCKET NUMBER:   AR2001065252

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Celia L. Adolphi		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 the name “Hazzard” be eliminated from his military records.

APPLICANT STATES:  In effect, that the VA “thinks” he has “tampered” with his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In support of his request he submits a copy of his separation report, a copy of a birth certificate, and a copy of his Texas driver’s license.  He notes that he discovered the error on his separation report in October 2001.

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

He was inducted and entered active duty on 6 August 1964.  His induction record, and all documents included in his Official Military Personnel File (OMPF), reflect the applicant’s name as either “Hazzard Allton” or “Hazzard A.”  In November 1964 the applicant was issued a military identification card to replace the card he lost.  That identification card application indicates the applicant was issued an identification card in the name “Hazzard A.” and authenticated the application as such.  The applicant consistently authenticated documents throughout his military service by signing either “Hazzard Allton” or “Hazzard A.”  There is no indication he was ever known or referred to as “Alton” during his military service.

In November 1965 the applicant was discharged from active duty.  His separation report, which he authenticated, reflects the name “Hazzard Allton.”

In 1990 the applicant submitted a request to obtain a copy of his “discharge certificate.”  In that request the applicant listed his name as “Hazzard Alton” and authenticated the request as such.

The copy of the applicant’s birth certificate, submitted in support of his application, was issued in September 1988 and reflects the name “Alton.” 

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 that the applicant’s military records show he entered active duty under the name “Hazzard Allton” and served under that name throughout his military service.  At the time of his separation from active duty in 1965 his name was still recorded as “Hazzard Allton” and confirmed by his signature on his separation document.  Additionally, the Board notes that the applicant has provided no explanation concerning the source of, or reasons he utilized the name “Hazzard” throughout his military service.  

2.  The Board contends that the Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation.  The Board does not believe that the mere fact that the applicant has a copy of a birth certificate issued in 1988, or that he no longer uses the name “Hazzard,” is sufficient to justify changing his military records, as they were originally constituted.  However, the applicant should be aware that a copy of these proceedings will be included in his OMPF to show that he now uses the name “Alton.”  

3.  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 that requirement.

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

__RVO   _  ___CLA_  __JTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065252	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
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.	110.00	
2.		
3.		
4.		
5.		
6.