| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that his military records be changed to reflect his birth name.
APPLICANT STATES: In effect, that it is his sincere desire that his adopted name be deleted from his military records and it be replaced with his birth last name, which he legally changed subsequent to his discharge in 1979. In support of his application, he provides a court decree granting a change to his last name, a copy of his Veterans Administration (VA) identification card, and his Report of Separation from Active Duty (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 13 May 1976, he enlisted in the Regular Army for 3 years. He successfully completed basic and advanced individual training (AIT). Upon completion of AIT, he was awarded military occupation specialty (MOS) 63F (Recovery Specialist).
The applicant’s record confirms that the highest rank he attained while serving on active duty was specialist/E-4. On 21 May 1979, he was honorably released from active duty after completing 2 years, 11 months, and 6 days of active military service. The last name recorded in his enlistment contract, service record created upon his enlistment, and in the records and documents prepared and published throughout his active duty service is consistent with the one recorded on the DD Form 214 issued to him on the date of his separation.
The applicant provided a court decree, dated 6 June 1996, subsequent to his discharge from the Army. This document, issued by the State of Texas, ordered a change of his last name.
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 exhibits 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 he served.
3. The applicant enlisted, served, and was honorably separated from the Army under the name shown in his military records. The fact that his last name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the last name recorded in his military records.
4. 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.
5. 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 last name change, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current last name and the last name recorded in his military record and satisfy his desire to have his birth last name documented in his OMPF.
6. 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
__INW___ ___SK__ __KAH___ DENY APPLICATION
| CASE ID | AR2001059039 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/11/15 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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