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Decision Text

ARMY | BCMR | CY2001 | 2001056039C070420
Original file (2001056039C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 12 July 2001
         DOCKET NUMBER: AR2001056039

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Melvin H. Meyer Member
Mr. Terry L. Placek 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 Separation, DD Form 214, be corrected to show the correct spelling of his name.

APPLICANT STATES: That his name is correctly spelled “___ei__.” His records have his name misspelled as “___ie__.” He provides a copy of his social security card as supporting evidence.

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

He was inducted into the Army on 15 February 1951. His Record of Induction, DD Form 47, shows his name spelled as “___ie__.” All other documents in his records show his name spelled as “___ie__.”

The applicant was separated on 18 July 1951. His DD Form 214 shows his name spelled as “___ie__.”

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. The applicant does not provide his birth certificate to verify how his name was spelled at the time of his entry on active duty. Although he does provide his social security card which shows a different spelling of his name from that shown in all his military records, it cannot be determined when he received that social security card with that spelling of his name or if that spelling matches his birth certificate. The applicant was inducted into the Army, served on and was separated from active duty with the spelling of his name as “___ie__.” 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. 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

__mkp___ __mhm___ __tlp___ DENY APPLICATION



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




INDEX

CASE ID AR2001056039
SUFFIX
RECON
DATE BOARDED 20010712
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.01
2.
3.
4.
5.
6.


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