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 current last name.
APPLICANT STATES: In effect, that when he entered the Army his mother’s maiden name instead of his birth last name was incorrectly typed on his military records. He states that he submitted an application to this Board to correct his last name on two occasions and never received a reply. In support of his application, he provides a copy of his original application to the Board, dated
25 March 1997, and a copy of a letter from the Chief, Screening Team, Department of the Army, Review Boards Agency, dated 14 September 1998, that administratively closed his case without action by the Board based on the lack of records.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s separation document (DD Form 214).
The applicant’s separation document, which he authenticated with his signature on the date of his separation, confirms in item 1 (Last Name, First Name, Middle Name) the name he used during his active duty service.
The separation document also shows that the applicant entered active duty on his last period of service on 12 August 1953, and continuously served until being honorably separated on 14 July 1955. At the time of his separation, he had completed a total 1 year, 11 months, and 3 days of his current enlistment and
2 years, 2 months, 2 days of prior service.
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 the applicant’s claim that his last name was incorrectly listed in his records. However, the Board finds insufficient available evidence to support this claim.
2. The available evidence does include a properly constituted DD Form 214, which was authenticated by the applicant with his signature on the date of his separation. This document lists the last name on file in the applicant’s military records on the date of his honorable separation in 1955.
3. Given the applicant’s authentication of the information contained in his
DD Form 214 and lacking evidence to the contrary, the Board is compelled to presume administrative regularity in its preparation and that it reflects the correct last name contained in his military records at the time and under which he performed his military service.
4. 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. Therefore, the Board concludes that the requested relief is not appropriate in this case.
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 | AR2001060501 |
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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