| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Mr. Raymond J. Wagner | Member | ||
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: In effect, that his military records be changed to reflect his current last name.
APPLICANT STATES: In effect, that he has been denied benefits as a result of his military records not reflecting his current last name. In support of his application, he submits a copy of his certificate of birth.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s separation document (DD Form 214).
The applicant’s separation document, which he authenticated with his signature on the date of his separation, confirms in item 1 (Last Name, First Name, Middle Name), that the last name he used throughout his active duty tenure was the one he now claims is incorrect.
The separation document also shows that the applicant was inducted into the Army on 12 June 1958, and continuously served until being separated with a general, under honorable conditions discharge, by reason of unfitness, on 1 July 1959. At the time of his separation, he had completed a total 8 months and
28 days of active military service.
The last name recorded in the applicant’s DD Form 214 and in various other official documents that are still available is consistent with the last name recorded in available military pay records.
The applicant provided a birth certificate that confirms the last name he now claims is correct was in fact the birth last name recorded in the birth certificate.
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 the applicant’s claim that he was almost denied benefits as a result of his military records not reflecting his current last name. However, the Board finds insufficient available evidence to support this claim, or to show that the applicant has or would suffer an injury or injustice as a result of the Army maintaining its records with the last name under which he served.
2. The available evidence does include a properly constituted DD Form 214, that was issued to the applicant on the date of his separation. This document lists the last name on file in the applicant’s military records on the date of his separation on 1 July 1959.
3. Given the information contained in his DD Form 214 and lacking evidence to the contrary, the Board is compelled to presume administrative regularity in its preparation, and that it reflects the correct last name contained in his military records at the time and under which he performed his military service.
4. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. Therefore, the Board concludes that the requested relief is not appropriate in this case.
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 current last name change 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 last name and the last name recorded in his military record, and satisfy his desire to have his birth last name documented in his OMPF.
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
__RVO_ __RJW___ ___KYF__ DENY APPLICATION
| CASE ID | AR2002075859 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/26 |
| 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. | 100.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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