MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2002                   
	DOCKET NUMBER:   AR2002075846

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his change of name.

APPLICANT STATES:  In effect, that he has been trying to get his life in order and a corrected DD Form 214 with his correct name would assist him greatly.  In support of his application he submits a copy of his birth certificate, a copy of his baptism certificate, and a copy of a notarized court affidavit.

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

He enlisted in the Regular Army on 16 July 1968, for 3 years.  On 1 July 
1971, the applicant was discharged from active duty. 

The DA Form 4 (Enlistment Contract - Armed Forces of the United States) shows his name as E---- R-----.  The applicant authenticated the DA Form 4 in his own hand and under the same name E---- R-----.

The applicant's DD Form 214, shows his name as E---- R-----.  The applicant authenticated his DD Form 214 in his own hand and under the same name E---- R-----.

The applicant provided a copy of his baptism certificate.  The certificate shows that he was baptized under the name of E---- R-----.

The applicant provided a copy of a notarized affidavit apparently to the court requesting a name change.

The applicant also provided a copy of his certificate of birth from the City of New York.  The certificate shows his name as E---- O----.  The certificate also shows an issuing date of 17 April 2002.

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.  The evidence of record shows the applicant enlisted and served under the name E---- R----- and was discharged from active duty under the same name.
2.  The evidence of record shows the applicant authenticated his name in his own hand as E---- R----- throughout his military service.

3.  The evidence submitted by the applicant shows that he did not legally change his name until April 2002, 31 years after his discharge.

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.  

5.  Based on the foregoing, the Board determined the applicant's records are correct as currently constituted.  In the absence of a showing of material error, injustice or inequity , there is no basis to amend the applicant's record to show his new name.

6.  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.

7.  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

___RWA_  __KYF __  __BPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075846	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/12	
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.	100.0000+	
2.		
3.		
4.		
5.		
6.