MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 October 2002
	DOCKET NUMBER:   AR2002076057

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  In effect, that he be given a new DD Form 214
(Report of Separation from the Armed Forces of the United States) to reflect his new name of H---- C. J-----.

APPLICANT STATES:  In effect, that he is requesting a new DD Form 214 for the second time.  All of his documents including his discharge papers were stolen from his safe deposit box in August 1999.  He became a U. S. citizen in May 1955 and changed his name.  A short time after changing his name he requested and received from the Department of the Army in St Louis a new honorable discharge certificate in his new name.  The applicant submits in support of his request a copy of a letter from the Department of Veterans Affairs, Philadelphia, PA, dated 8 September 1999, reflecting his new name H---- C. J-----.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from a reconstructed record.

The applicant entered active duty on 18 June 1951, under the name of 
C-- J---------.  The DD Form 214 filed in his reconstructed military personnel record shows that he was released from active duty and transferred to the 
U. S. Army Reserve on 29 May 1953, under the name of C-- J---------.

There is no evidence in the limited reconstructed record that shows the applicant’s name was changed.

The applicant provides a copy of a letter from the Veterans Affairs, Philadelphia, PA.  The letter is addressed to the applicant which shows his name as H---- C. 
J-----.

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.  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 evidence available to the Board shows that the applicant entered and served under the name C-- J---------.  He was released from active duty under the same name.

3.  Because of the limited information contained in the applicant’s reconstructed record the Board is unable to authenticate the applicant’s contention that he received a new DD Form 214, reflecting his name change.  A new DD Form 214 is not reissued to replace record copies or a DD Form 214 lost by soldier.

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 of 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.

NOTE:  The Army Review Boards Agency Support Division will be requested to furnish the applicant a copy of his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JLP__  ___MHM___  __JEA  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002076057	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/08	
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.	100.0100	
2.		
3.		
4.		
5.		
6.