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ARMY | BCMR | CY2002 | 2002067652C070402
Original file (2002067652C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2002067652

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Ms. Paula Mokulis 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: That his military records be corrected to reflect his complete name.

APPLICANT STATES: That his current records simply reflect his name as Michael H___ because he was unable to locate his estranged mother in order to correct his birth certificate prior to enlistment. His birth certificate has been corrected to reflect his full name of Michael H___ F___.

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

He enlisted in the Regular Army on 20 September 1984 under the name Michael H___. All documents in his records reflect his name as Michael H___. His Certificate of Release or Discharge from Active Duty, DD Form 214, shows that he was released from active duty on 19 September 1986 under the name of Michael H___. He served in the U. S. Army Reserve under the name Michael H___. He was discharged form the U. S. Army Reserve on 17 September 1992 under the name Michael H___.

The applicant provides his birth certificate, amended on 20 November 1992, which reflects his name as Michael H___ F___.

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

2. Although the applicant’s birth certificate was later amended to reflect his name as Michael H___ F___, he appropriately served on and was released from active duty under the name Michael H___ and served in and was discharged from the U. S. Army Reserve under the name Michael H___. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. This Board action will be filed in his military records so a record of his amended birth name will be on hand.

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

__fne___ __rwa___ __pm____ DENY APPLICATION



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




INDEX

CASE ID AR2002067652
SUFFIX
RECON
DATE BOARDED 20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.01
2.
3.
4.
5.
6.


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