MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002075646

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Roger W. Able		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)

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APPLICANT REQUESTS: In effect, that the last name recorded in his military records be changed to his birth last name.

APPLICANT STATES: In effect, that when he enlisted the recruiter enlisted him with his correct last name, but known as the last name recorded in his record. This worked well while he remained in the military, but since being out of the service, he has encountered problems. He claims that his veterans benefits are issued under the last name recorded on his records, which is different than what his legal name has always been. He claims that the difference in last names is a recurring problem when he attempts to get paperwork and records. He is now in the process of reenlisting and he claims that it would be helpful if this could be resolved prior to his reenlistment. In support of his application, he provides a copy of a social security card that lists the last name recorded in his military records and what he claims is his current card, which lists the last name he claims is correct. He also provides a statement from the Social Security Administration, dated 22 March 1989, a copy of his discharge orders, copies of two separation documents (DD Forms 214), and a copy of a correction to a separation document (DD Form 215).

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

He served in the Army National Guard and completed active duty training in military occupational specialty (MOS) 45D (Self-Propelled Field Artillery Turret Mechanic) in July 1983. On 24 May 1984, he enlisted in the Regular Army (RA) and entered active duty for 3 years.

During the RA enlistment process, the applicant completed Section X (Statement of Name for Official Military Records) of his application for enlistment (DD Form 1966/8), specifying that he preferred to use an enlistment name that differed from the name listed in his birth certificate, although his name had not been changed legally. He further indicated that it was his preference to use this name as a matter of convenience because it was the name by which he was known in the community, and that he had no criminal intent for this action. Finally, he authenticated this request with his signature in this section of his enlistment application, thereby, formally requesting this preferred name be used in his enlistment contract and in his military records.

The Personnel Qualification Record (DA Form 2-1) prepared on the applicant on 30 May 1984, contains the preferred name he requested to use and that was listed in his enlistment contract. In addition, all the orders and other official documents prepared on the applicant throughout his active duty tenure all listed the preferred name he requested be used for his military record. There is no indication that the applicant ever attempted to change the preferred name he used for military record purposes to his birth name during his active duty tenure.

The DD Form 214 issued to the applicant on 6 March 1987, the date he was separated from active duty, shows that he completed a total 3 years, 10 months, and 28 days of active military service. Item 1 (Name) of this document listed the preferred first name of the applicant, which is consistent with the name recorded in his enlistment contract, in his military records, and in all other documents published on him throughout his active duty service.

The statement from the Social Security Administration, dated in 1989, provided by the applicant confirms that he applied for a social security card using his birth last name at that time. The applicant also provides two social security cards, his current one that lists his birth last name and the one he had at the time he served, which contains the preferred last name used in his records.

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 Board notes and understands the applicant’s desire to have the name recorded in his military records changed to his birth name. However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.

2. Further, notwithstanding the inconvenience cited by the applicant, the Board finds an insufficient evidentiary basis to conclude that the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the name under which he served.

3. The applicant voluntarily elected to use the preferred name recorded in his military records upon his enlistment. He enlisted, served, and was honorably separated from the Army under the name shown in his military records. The fact that he now has personal reasons to change the name recorded in his military records to his birth name is not sufficiently mitigating to warrant changing the name recorded in his military records. In view of the foregoing, there is no basis for granting the applicant's request.

4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

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5. The Board wishes to advise the applicant that a copy of this decisional document, along with his application and the supporting evidence he provided, which confirms his birth name, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current name and the name recorded in his military record and satisfy his desire to have his birth name documented in his record for the purpose of entitlement to veterans benefits. In addition, the audit trail on his birth and preferred name is accurately recorded in his record and should pose no impediment to his reenlisting if he is otherwise qualified.

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

__RJW__ __RWA__ __JTM__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002075646
SUFFIX
RECON
DATE BOARDED	2002/10/10
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1987/03/06
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Hardship
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 2	100.0100
2.
3.
4.
5.
6.