| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: Correction of his DD Forms 214 (Report of Transfer or Discharge) to show his birth last name.
APPLICANT STATES: In effect, that in 1971 he found out the last name he had been using was his stepfather’s last name and not his birth last name. He states that his mother told him that adoption proceedings had been initiated at one time; however, his stepfather never followed through with the adoption. In support of his application, he submits a Standard Form 180 (Request Pertaining to Military Records), dated 21 May 2002; a letter, dated 20 June 2002, from the National Personnel Records Center; a copy of his DD Form 214 with an effective date of 18 July 1968; a copy of his DD Form 214 with an effective date of 19 October 1963; a Birth Certificate; and a sworn affidavit, dated 25 January 1944.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted on 26 October 1961. He served as a light weapons infantryman in Germany and was honorably released from active duty on
19 October 1963. He enlisted on 15 March 1965 for a period of 3 years. He served as a personnel specialist in Germany and was discharged under honorable conditions on 18 July 1968.
Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD Forms 214 with effective dates of 19 October 1963 and 18 July 1968, which were authenticated in his own hand, show his last name as T_______.
The applicant’s DD Form 47 (Record of Induction), dated 26 October 1961, shows the same last name which is listed on the applicant’s DD Forms 214.
The applicant’s DD Form 4 (Enlistment Record), dated 15 March 1965, shows the same last name which is listed on the applicant’s DD Forms 214.
The applicant’s separation orders, dated 21 September 1963 and 18 July 1968, show the same last name listed on the applicant’s DD Forms 214.
In support of his claim, the applicant provided a copy of his birth certificate which shows a different first and last name. The applicant also provided a sworn affidavit from his mother, dated 25 January 1944, which states that the first name shown on the applicant’s birth certificate is incorrect.
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 noted the applicant’s contention that in 1971 he found out about his birth last name, approximately 3 years after his discharge from the Army.
2. The Board also noted the applicant’s birth certificate provided in support of his claim. However, evidence of record shows the applicant’s last name is the same name used at the time of his induction, enlistment and two discharges from the Army.
3. Based on the foregoing, the Board determined that the applicant must have provided his legal name at the time of his induction and utilized this name throughout his two periods of service. Therefore, the applicant is not entitled to correction of his DD Forms 214 to show his birth last name.
4. 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.
5. To assist the applicant in civilian matters, the Board will direct that an official document be prepared to show the applicant’s birth last name.
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.
NOTE: The Army Review Boards Agency, Support Division in St. Louis, Missouri, is requested to prepare an official document showing the applicant’s birth last name.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
RVO____ AAO_____ MJT____ DENY APPLICATION
| CASE ID | AR2002075669 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030116 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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