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ARMY | BCMR | CY2001 | 2001061159C070421
Original file (2001061159C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 28 February 2002
         DOCKET NUMBER: AR2001061159

         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
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Celia L. Adolphi Member
Mr. John T. Meixell 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: Correction of his military records to have his military discharge reflect his name as First Initial, Middle Name, Last Name vice First Name, Middle Initial, Last Name.

APPLICANT STATES: That all of his life he has gone by his First Initial, Middle Name, Last Name. The Social Security Administration recognizes this to be his correct name and his West Virginia Driver’s License also reflects his name in this manner. He submits a copy of his driver's license in support of his request.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to a WD Form 372A (Final Payment-Worksheet), a VA Form 7202a (Master Index Card) and a NA Form 13038 (Certification of Military Service).

The applicant's Certification of Military Service shows that he was a member of the Regular Army from 11 September 1946 until he was honorably discharged on 3 February 1948. His name is shown on this document in the format of First Name, Middle Initial, Last Name; that is, his first name is completely spelled out, his middle name is abbreviated "J.," his last name is completely spelled out, and "Junior (Jr.)" is at the end of his name.

The applicant signed his WD Form 372A to receive his pay in the same manner it is shown on his VA Form 7202a and his Certification of Military Service record.

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. The available records reflect that the applicant served in the Regular Army using the format of First Name, Middle Initial, Last Name. He signed for his military pay using this format.

3. The applicant's current driver’s license shows that he now refers to himself using the format of First Initial, Middle Name, Last Name; however this does not establish a basis upon which to effect a change.


4. The applicant has failed to show that an error or injustice exists.

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

__RVO__ ___CLA__ ___JTM _ DENY APPLICATION



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




INDEX

CASE ID AR2001061159
SUFFIX
RECON
DATE BOARDED 20020228
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19480203
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON A03.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0100
2.
3.
4.
5.
6.


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