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Decision Text

ARMY | BCMR | CY2002 | 2002076612C070215
Original file (2002076612C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002076612

         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Elzey J. Arledge, Jr. Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Karen A. Heinz 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: In effect, that his records be corrected to show his birth name.

APPLICANT STATES: In effect, that he was drafted under the name L---- F---. However, his birth name is L---- L---- B—G----------. He wants his records corrected to reflect his birth name. In support of his application the applicant submits a copy of his birth certificate.

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

On 18 October 1966, the applicant was inducted into the Army of the United States under the name of L---- F---. The applicant was released from active duty and transferred to the U. S. Army Reserve on 30 September 1968 under the same name.

The applicant’s name appears as L---- F--- throughout his official military personnel record. The applicant authenticated his name as L---- F--- in his own handwriting throughout his military personnel record.

He provides his birth certificate, which shows his name as L--- L---- B—G----------.

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. 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.

2. The evidence of record shows that the applicant was inducted and served under the name L---- F--- and was released from active duty under the same name.

3. The evidence of record also shows that applicant authenticated his name as
L--- F--- in his own hand throughout military personnel record. Although the applicant submitted a birth certificate that shows a change to his name; however, 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.

4. 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.

5. 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

__EJA__ __TBR___ ___KAH__ DENY APPLICATION



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




INDEX

CASE ID AR2002076612
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/09/17
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. 100.0000
2.
3.
4.
5.
6.



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