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Decision Text

ARMY | BCMR | CY2002 | 2002067343C070402
Original file (2002067343C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002067343

         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. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Thomas B. Redfern, III Member
Mr. Roger W. Able 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 to his first name in his military records.

APPLICANT STATES: That his first name is incorrectly spelled, it should be Shearman and not Sherman. He submits no explanation for the error; however, he submits a copy of his birth certificate and his social security card that show his first name spelled as Shearman in support of his request.

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

He was inducted into the Army of the United States for 2 years as a private, pay grade E-1, on 9 January 1969. He attained the rank of pay grade E-2 on 22 June 1971.

He was honorably separated in pay grade E-2 for the expiration of term of service on 7 December 1971. He was transferred to the USAR Control Group (Annual Training.)

He was honorably discharged from the USAR effective 1 January 1975 based on expiration of his obligated service.

His entire official military personnel file shows his first name spelled as Sherman, and that he signed his name as such. However, the applicant provided a copy of his Birth Certificate, which was filed on 8 April 1949 in St. Louis City, Missouri, and his social security card, which show his first name as Shearman.

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 applicant’s records are correct and need not be changed. In his case, the records reflect the correct name used at the time of his induction and throughout his military service.

2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

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

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. However, this document will be filed in his official military records.

5. 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.

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

_JHL___ _TBR____ _RWA__ DENY APPLICATION




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




INDEX

CASE ID AR2002067343
SUFFIX
RECON
DATE BOARDED 20020709
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2. 100.01
3.
4.
5.
6.


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