IN THE CASE OF:	

		BOARD DATE:	  4 December 2008

		DOCKET NUMBER:  AR20080015062 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request to change his last name from Kan_ _r to Kon_ _r.

2.  The applicant states that he has new evidence (Certificate and Record of Birth) which was not available at the time of the Board's original consideration.

3.  The applicant provides a copy of a Certificate and Record of Birth from the City of New York dated 2 January 2008.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070007459 on 17 January 2008.

2.  In the original decision the ABCMR found that the applicant had enlisted and served under the same last name as Kan_ _r throughout his military career and he had authenticated his separation document (WD AGO Form 53-55) using the same last name.  Therefore, his request to change his last name was denied.

3.  The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  The Certificate and Record of Birth is dated 2 January 2008.  Therefore, this document does not provide evidence as to what the applicant's last name was at the time of his induction into the Army of the United States.

5.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, in effect at the time, provides that you enter the full name in item 1 (Last Name, First Name, Middle Name) of the WD AGO Form 53-55 by using the document completed at the time of entry into the Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration to change his last name from Kan_ _r to Kon_ _r.

2.  The Certificate and Record of Birth that the applicant submitted is noted.

3.  However, 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.  The applicant served his military service under the name Kan_ _r.

4.  While it is understood that the applicant desires to have his last name changed, there is no basis for compromising the integrity of the Army's records.

5.  The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided which confirms his correct last name, will be filed in his Official Military Personnel File.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070007459, dated 17 January 2008.



      __________X_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080015062



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ABCMR Record of Proceedings (cont)                                         AR20080015062



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