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Decision Text

ARMY | BCMR | CY2001 | 2001057331C070420
Original file (2001057331C070420.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        
        


         BOARD DATE: 30 October 2001
         DOCKET NUMBER: AR2001057331

         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. Vic Whitney Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Harry B. Oberg Member
Mr. Arthur A. Omartian 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 birth name.

APPLICANT STATES: In effect, that his birth last name be reflected on his military records. In support of his application, he submits a certificate of birth.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Records made available from alternate sources show that he served on active duty from 23 April 1942 to 17 May 1945. He was separated in the grade of private with a Certificate of Disability for Discharge.

The last name recorded in the applicant’s available service record is consistent with the one recorded on his Certificate of Disability for Discharge.

The applicant provided a birth certificate that confirms the last name contained in his request is the same as his last name at birth.

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 last name recorded in his military records changed to his birth last name. However, there is no evidence of record or independent evidence that suggests the last name recorded in his military records exhibit 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 last name under which it appears that he served.

3. 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.

4. 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 birth last name, will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his last name recorded in his military record and satisfy his desire to have his birth last name documented in his OMPF.

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

__ca___ ___ho___ ___ao_____ DENY APPLICATION




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




INDEX

CASE ID AR2001057331
SUFFIX
RECON
DATE BOARDED 20011030
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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