MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 August 2003
	DOCKET NUMBER:   AR2003085458

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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 DD Form 214 (Report of Separation from Active Duty) be corrected to show his name as R-- H------- M----- instead of T----- D----- M-----.

APPLICANT STATES:  In effect, that he and his brother used the same name and social security number (SSN) while serving in the military.  The applicant states that he is submitting a copy of his Driver's License and a copy of his Social Security Card in support of his application.  However, the Board noted that there were no attachments with his application. 

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

On 27 November 1974, the applicant enlisted in the Regular Army under the name of T----- D------ M-----, and SSN 2-- 9- 7---.  The applicant was discharged from the Army on 20 May 1975 with an undesirable discharge under the same name and with the same social security number.  He completed 3 months and 
8 days of creditable active service and he had 76 days of lost time.

Throughout the applicant's official military record, it shows his name as T----- 
D----- M----- his records also show his SSN as 2-- 9- 7---.  His DA Form 4 (Enlistment Contract-Armed Forces of the United States) shows his name as 
T----- D----- M----- and his SSN as 2-- 9- 7---.  

The applicant's DA Form 2-1 (Personnel Qualification Record) shows his name
as T----- D----- M----- and it shows his SSN as 2-- 9- 7---.  The applicant reviewed and signed his DA Form 2-1 on 4 December 1974, certifying the correctness of the information.

The personnel records for the applicant's brother [identified as R-- H------- M-----] show the same SSN [2-- 9- 7---] as the applicant.

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 that the applicant enlisted in, served on and 
was discharged under the name T----- D----- M----- and under the SSN of 
2-- 9- 7---.  

2.  The evidence of record shows that the applicant signed official documents certifying his name as T----- D----- M----- and certifying his SSN as 2-- 9- 7---.  

3.  There is no evidence nor has the applicant provided any evidence that shows his name was R-- H------- M----- instead of T----- D----- M-----.  Therefore, the Board finds no basis for changing the applicant's records to reflect a name other than T----- D----- M-----.

4.  While the evidence of record shows that the applicant and his brother used the same SSN, there is no evidence that shows which person was actually assigned SSN 2-- 9- 7---.  

5.  In the absence of official documentation such as a statement from the Social Security Administration verifying which person was assigned SSN 2-- 9- 7--- and when it was assigned, the Board will not grant the relief requested.

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

__LLS___  __CLG__  __RJW__   DENY APPLICATION

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

INDEX

CASE ID	AR2003085458	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/05	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1975/05/20	
DISCHARGE AUTHORITY	AR635-200,Chapter 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Carl W. S. Chun	
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.