MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2003
	DOCKET NUMBER:   AR2002079249

	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. Walter T. Morrison		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yolanda Maldonado		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 reflect his current name.

APPLICANT STATES:  In effect, that the name recorded in his military records be changed to his current legally changed name.  In support of his application, he provides a court decree granting him a legal name change, his original birth certificate and a revised birth certificate, dated 13 November 1987, and a request for a substitute birth certificate based on adoption.

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

On 30 December 1969, he enlisted in the Regular Army for 3 years.  He was trained and served in military occupation specialty (MOS) 94B (Cook), and the highest rank he attained while serving on active duty was specialist/E-4.  On 
31 October 1972, he was honorably released from active duty after completing 
2 years, 8 months, and 2 days of active military service. 

The name recorded on the applicant’s original birth certificate is the same one entered on his enlistment contract, the personnel records created upon his entry on active duty, and in all documents and orders published on him throughout his military service tenure.  It is also consistent with the one recorded on his separation document (DD Form 214).  

The applicant provided a court decree issued by the State of Alaska, dated 7 July 1987, which was subsequent to his discharge from the Army.  This document ordered a legal change to his name.  Based on this court decree and the legal name change, the State of Rhode Island issued a new birth certificate on the applicant, dated 13 November 1987, which records the legally changed 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 name recorded in his military records changed to his current name.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.  

2.  Further, the Board finds an insufficient evidentiary basis to conclude the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the name under which he served.

3.  The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that his name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the last name recorded in his military records.

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, which confirms his 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 current legally changed name documented in his military records. 

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

__WTM__  __CJP  _  __YM  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002079249	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/30	
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.	100.1100	
2.		
3.		
4.		
5.		
6.