MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002074753

	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
| Mr. William Blakely | | Analyst

  The following members, a quorum, were present:

| Mr. Arthur A. Omartian | | Chairperson
| Mr. Kenneth W. Lapin | | Member
| Mr. Donald P. Hupman, Jr. | | 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 the rank, pay grade, and middle name recorded in his separation documents (DD Forms 214) be corrected. 

APPLICANT STATES:  In effect, that the rank and pay grade listed in his last 
DD Form 214 should be corrected to sergeant/E-5 (SGT/E-5) and the middle name listed should be corrected to read Donnell.  In support of his application, he submits copies of two DD Forms 214. 

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

He entered the Army on 31 December 1975 and was honorably discharged on 28 March 1979.  He immediately reenlisted on 29 March 1979 and served until being honorably discharged at his expiration of term of service (ETS) on 
25 March 1982.  

The applicant’s record shows that he was trained and served in military occupational specialty (MOS) 36K (Tactical Wire Operations Specialist) and that during his active duty tenure he was awarded the Good Conduct Medal, Army Service Ribbon, Marksman Qualification Badge (Rifle & Hand Grenade), and Overseas Ribbon (2).

The Personnel Qualification Record (DA Form 2-1) prepared on the applicant on 6 July 1976, and last reviewed by him on 8 January 1982 contains the middle name that was listed in his enlistment contract, which he now claims is incorrect. In addition, all the orders and other official documents prepared on the applicant throughout his active duty tenure all listed this same middle name that he now claims is incorrect.  

Item 18 (Appointments and Reductions) of the applicant’s DA Form 2-1 shows that the highest rank and pay grade he attained while serving on active duty was specialist four/E-4 (SP4/E-4) and that he actually held the rank and pay grade of private first class/E-3 (PFC/E-3) on the date of his final separation from the Army. The applicant’s Military Personnel Records Jacket (MPRJ) contains no documents or orders that give any indication that he was ever promoted to the rank and pay grade of SGT/E-5.

The applicant’s last separation document, which he authenticated with 
his signature on the date of his separation, 25 March 1982, confirms in
Item 1 (Last Name, First Name, Middle Name) lists the middle name that he used throughout his active duty service and which is listed in his enlistment contract and in his personnel service record.  In addition, Items 4a and 4b confirm that he held the rank and pay grade of PFC/E-3 at the time of his separation.  

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4, states in effect, that the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.

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 the contention of the applicant that his rank and pay grade at the time of his separation is incorrect and should be corrected to read SGT/E-5, however, it finds insufficient evidence to support this claim.

2.  By regulation, the active duty grade of rank and pay grade at the time of separation will be entered on the separation document.  The evidence of record gives no indication the applicant was ever promoted or actually held the rank and pay grade of SGT/E-5 while on active duty, and confirms that he held the rank and pay grade of PFC/E-3 on the date of his separation.  Therefore, the Board concludes there is insufficient evidence to support this requested relief.

3.  The Board also notes and understands the applicant’s desire to have the middle name recorded in his military records changed to his birth middle name.  However, there is no evidence of record or independent evidence that suggests the middle name recorded in his military records exhibits a material error or injustice.  Further, the Board finds an insufficient evidentiary basis to conclude the applicant has suffered or would suffer an injury or injustice as a result of the Army maintaining its records with the middle name under which he served.

4.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

5.  The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his current middle name and the middle name recorded in his military record, and satisfy his desire to have his current middle name documented in his OMPF.

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

__AAO__  __KWL__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID | AR2002074753
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/09/24
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. | 131.0000
3. |
4. |
5. |
6. |