MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002076005

	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 his military records be changed to show he has no middle name. 

APPLICANT STATES:  In effect, that he does not have a middle name, but his separation document (DD Form 214) shows him as having a middle name.  In support of his application, he submits a copy of his birth certificate and his 
DD Form 214. 

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

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s DD Form 214.

The applicant’s separation document, which he authenticated with his signature on the date of his separation, confirms in Item 1 (Last Name, First Name, Middle Name) the name the applicant used during his active duty service. 

The separation document also shows that the applicant was inducted into the Army on 2 January 1957, and continuously served until being honorably separated on 30 September 1957.  At the time of his separation, he had completed a total 8 months and 29 days of active military service.

The applicant provided a copy of his certificate of birth.  This document contains a birth name that only includes a first and last name. 

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 and understands the applicant’s desire to have the middle  name recorded in his military records deleted.  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.

2.  The available evidence does include a properly constituted DD Form 214, which was authenticated by the applicant with his signature on the date of his separation.  This document lists the middle name on file in the applicant’s military records on the date of his honorable separation in 1957.

3.  Given the applicant’s authentication of the information contained in his 
DD Form 214 and lacking evidence to the contrary, the Board is compelled to presume administrative regularity in its preparation and that it reflects the correct middle name contained in his military records at the time and under which he performed his military service. 
4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  Therefore, the Board concludes that the requested relief is not appropriate in this case.

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, which confirms his last name change, 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 name and the name recorded in his military record and satisfy his desire to have his middle name deleted 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 | AR2002076005
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 2002/09/26
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. |