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ARMY | BCMR | CY2001 | 2001058768C070421
Original file (2001058768C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001058768

         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Regan K. Smith Member
Mr. Donald P. Hupman, Jr. 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 name be changed on his DD Form 214, Report of Separation from the Armed Forces of the United States, dated 23 June 1955.

APPLICANT STATES: That he became a naturalized citizen on 8 February 1966 and, as part of the naturalization process, legally changed his name.

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

He was inducted into the Army of the United States for 2 years on 25 August 1953. He served 1 year, 9 months, and 29 days and was honorably discharged on 23 June 1955. His DD Form 214 shows his name as "JOHN H**" and he signed his name "JOHN H**."

On 8 February 1966, the applicant became a US citizen. During the naturalization process, he decided to legally change his name to "JOHN H. E**."

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. 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.

2. There is no error or injustice in this case. When he was inducted into the Army, he entered as "JOHN H**." When he was separated with an honorable discharge, he signed his DD Form 214 as "JOHN H**." He did not become "JOHN H. E**" until 11 years later. His DD Form 214 was correct at the time it was issued.

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

__RVO__ __RKS__ __DPH __ DENY APPLICATION



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




INDEX

CASE ID AR2001058768
SUFFIX
RECON
DATE BOARDED 20011016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY DIRECTOR
ISSUES 1. 100.0100
2.
3.
4.
5.
6.


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