Mr. Carl W. S. Chun | Director | |
Mrs. Carolyn G. Wade | Analyst |
Ms. Karol A. Kennedy | Chairperson | |
Mr. Ronald E. Blakely | Member | |
Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That he be issued a new DD Form 214 (Report of Separation from the Armed Forces of the United States) reflecting his new name.
APPLICANT STATES: That he needs an honorable discharge in his current name so that he can be buried in a military cemetery when his time comes. In support of his application, he submitted a copy of his WD AGO Form 55 (Honorable Discharge from the Army of the United States), dated 12 November 1942; a copy of a Certificate of Service, dated 3 February 1946; and a copy of a court order from the City Court of the City of New York, dated 9 November 1949, granting the applicant’s request to change his name.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant’s WD AGO Form 55 (Honorable Discharge from the Army of the United States).
On 28 March 1941, he was inducted into the Army of the United States and served until honorably discharged on 12 November 1942. He was discharged under the provisions of Army Regulation 615-360 for the convenience of the government in order to accept appointment and active duty as a second lieutenant in the AUS. He was credited with 1 year, 7 months, and 16 days of creditable military service.
The applicant served honorably in the active federal service of the AUS from 13 November 1942 to 3 February 1946. He was credited with active commissioned military service of 3 years, 2 months, and 21 days.
The applicant’s entrance and separation documents from his enlisted and commissioned periods of service record his name as "H***** L******* K****off." Some 3 years after his separation from military service, the applicant petitioned the City Court of the City of New York to change his name to "L******* K****." On 9 November 1949, the Court granted the change.
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 has not shown that his name, as it appears in his military records, is incorrect. That he legally changed his name 3 years after his military service does not invalidate his service 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
__KAK __ __REB__ __TEO __ DENY APPLICATION
CASE ID | AR2001060573 |
SUFFIX | |
RECON | |
DATE BOARDED | 20011211 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 19460203 |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | Director |
ISSUES 1. | 100.0100 |
2. | |
3. | |
4. | |
5. | |
6. |
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