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ARMY | BCMR | CY2001 | 2001063240C070421
Original file (2001063240C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2001063240

         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Barbara J. Ellis Member
Mr. John E. Denning 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 show his current name.

APPLICANT STATES: He legally changed his name on 23 June 1997 after leaving the Army and now desires his military records to reflect his new name.

In support of his application he submits a Declaration of Legal Name Change, which legally changed his name.

EVIDENCE OF RECORD: The applicant's military records show he was honorably separated for retirement on 31 January 1991, in pay grade E-6.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army Service at the time of release from active duty, retirement or discharge.

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 injustices, this Board is reluctant to recommend that those records be changed.

2. The applicant appropriately served on and was released from active duty under the name he provided upon his entry onto active duty. He did not legally change his name until 1997, more than six years after his retirement.












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

___bje___ ___jns___ ___jed___ DENY APPLICATION



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



INDEX

CASE ID AR2001063240
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020214
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. 100.01
2.
3.
4.
5.
6.


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