MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 December 2002
	DOCKET NUMBER:   AR2002078027

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Powers		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:  That his Report of Transfer or Discharge, DD Form 214, for the period ending 10 June 1976 and his DD Form 214 for the period ending 31 August 1990 be consolidated, if possible, and be corrected to show his legally-changed name.

APPLICANT STATES:  That his DD Forms 214 bear a name that is no longer his.  No other civilian or military records or documents bear this name.

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

He enlisted in the Army National Guard on 1 July 1975 under the name Felix D___. N___.  

The applicant was ordered to initial active duty for training on 8 February 1976 and released from active duty on 10 June 1976.  His DD Form 214 for this period shows his name as Felix D___. N___.

The applicant was ordered to active duty for special work on 23 April 1990 and released from active duty on 31 August 1990.  His DD Form 214 for this period shows his name as Felix D___. N___.

On 7 November 1994, the Circuit Court of Fairfax County, VA legally changed the applicant's name to Danny N___.

On 17 December 1994, the applicant requested a change of name on all his military records.  All documents in the applicant's records prior to this date show his name as Felix D___. N___; all documents subsequent to this date show his name as Danny N___.

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.  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.

2.  At the time the applicant separated from active duty, both on 10 June 1976 and on 31 August 1990, his legal name was Felix D___. N___.  Therefore, his two DD Forms 214 properly reflect his legal name at the time he was released from active duty.  While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  

3.  A record of the applicant's request for name change is already filed in his military records.  This Board action will also be filed in his military records.

4.  Because the DD Form 214 is meant to be a synopsis of a soldier's most recent period of continuous active duty, the applicant's two DD Forms 214 cannot be consolidated.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__LLS__  __BJE___  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002078027	
SUFFIX		
RECON		
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.