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ARMY | BCMR | CY2001 | 2001063573C070421
Original file (2001063573C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR200106-3573

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. John T. Meixell Member
Mr. Thomas E. O'Shaughnessy 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 has legally changed his name. He now desires his military records to coincide with that change.

In support of his application he submits a court order legally changing his name effective 23 September 1999.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 19 November 1969 under the name he was legally given at birth, was promoted to pay grade E-5, and was released from active duty on 14 November 1972.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and 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/information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2. In the absence of a showing of material error or injustice, those records should not be changed.

3. In the applicant's case the records reflect the correct name under which military service was performed.

4. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.

5. The Board notes that since a judge ordered the applicant's name changed, he may use that court order along with his DD Form 214 to verify his military service.











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

__sk____ ___jtm___ ___teo___ DENY APPLICATION



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




INDEX

CASE ID AR2001063573
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020606
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.
2.
3.
4.
5.
6.



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