MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 January 2003                   
	DOCKET NUMBER:   AR2002075669

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Ms. Marla J. Troup 		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 DD Forms 214 (Report of Transfer or Discharge) to show his birth last name.  

APPLICANT STATES:  In effect, that in 1971 he found out the last name he had been using was his stepfather’s last name and not his birth last name.  He states that his mother told him that adoption proceedings had been initiated at one time; however, his stepfather never followed through with the adoption.  In support of his application, he submits a Standard Form 180 (Request Pertaining to Military Records), dated 21 May 2002; a letter, dated 20 June 2002, from the National Personnel Records Center; a copy of his DD Form 214 with an effective date of 18 July 1968; a copy of his DD Form 214 with an effective date of 19 October 1963; a Birth Certificate; and a sworn affidavit, dated 25 January 1944.  

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

The applicant was inducted on 26 October 1961.  He served as a light weapons infantryman in Germany and was honorably released from active duty on 
19 October 1963.  He enlisted on 15 March 1965 for a period of 3 years.  He served as a personnel specialist in Germany and was discharged under honorable conditions on 18 July 1968.

Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD Forms 214 with effective dates of 19 October 1963 and 18 July 1968, which were authenticated in his own hand, show his last name as T_______.

The applicant’s DD Form 47 (Record of Induction), dated 26 October 1961, shows the same last name which is listed on the applicant’s DD Forms 214.

The applicant’s DD Form 4 (Enlistment Record), dated 15 March 1965, shows the same last name which is listed on the applicant’s DD Forms 214.

The applicant’s separation orders, dated 21 September 1963 and 18 July 1968, show the same last name listed on the applicant’s DD Forms 214.
 
In support of his claim, the applicant provided a copy of his birth certificate which shows a different first and last name.  The applicant also provided a sworn affidavit from his mother, dated 25 January 1944, which states that the first name shown on the applicant’s birth certificate is incorrect.

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 noted the applicant’s contention that in 1971 he found out about his birth last name, approximately 3 years after his discharge from the Army.
2.  The Board also noted the applicant’s birth certificate provided in support of his claim.  However, evidence of record shows the applicant’s last name is the same name used at the time of his induction, enlistment and two discharges from the Army.  

3.  Based on the foregoing, the Board determined that the applicant must have provided his legal name at the time of his induction and utilized this name throughout his two periods of service.  Therefore, the applicant is not entitled to correction of his DD Forms 214 to show his birth last name. 

4.  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.

5.  To assist the applicant in civilian matters, the Board will direct that an official document be prepared to show the applicant’s birth last name. 

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.

NOTE:  The Army Review Boards Agency, Support Division in St. Louis, Missouri, is requested to prepare an official document showing the applicant’s birth last name.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  AAO_____  MJT____  DENY APPLICATION

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

INDEX

CASE ID	AR2002075669	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.