Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090501C070212
Original file (2003090501C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 13 November 2003
                  DOCKET NUMBER: AR2003090501

         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Eloise C. Prendergast Member
Mr. Ronald E. Blakely 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: Correction of his records to show his last name as "F_ _ _ _ _ _ _" instead of "H_ _ _."

APPLICANT STATES: That his family and the military accepted him as "L_ _ _ _ C. H_ _ _" and thought that was his name. He claims that he discovered that his name is "L_ _ _ _ C. F_ _ _ _ _ _ _" after he started looking for federal employment.

The applicant provided a copy of his DD Form 214 (Report of Separation from Active Duty), a Certification of Vital Record, and his social security card as supporting evidence.

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

The applicant enlisted in the Regular Army on 21 June 1974. At the time of his enlistment processing, he completed his DD Form 4 (Enlistment Contract – Armed Forces of the United States) to show his last name as "H_ _ _."

The applicant's personnel records contain a DA Form 3284-R (Applicant's Statement of Name Change) dated 18 June 1974. He indicated in Block 1 on this document that the name as recorded on his birth certificate was "L_ _ _ _ C.
F_ _ _ _ _ _ _." He also indicated that the name he preferred to use was
"L_ _ _ _ C. H_ _ _" as a matter of convenience and with no intent to defraud. He further indicated that he was the same person whose name appeared on the above-mentioned birth certificate.

The applicant provided a copy of his birth certificate filed on 12 March 1956 which shows his last name as "F_ _ _ _ _ _ _."

The applicant was released from active duty on 26 September 1974. His DD Form 214 shows his last name as "H_ _ _" in Block 1 (Last name, first name, middle name). He authenticated his DD Form 214 indicating his last name as "H_ _ _."

Army Regulation 635-5 (Separation Documents) 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 name is "F_ _ _ _ _ _ _", he appropriately served on and was released from active duty under the name "H_ _ _." 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. This Board action will be filed in his military records so an additional record of his 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

AAO_____ ECP_____ REB_____ DENY APPLICATION



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




INDEX

CASE ID AR2003090501
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031113
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0100
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003086844C070212

    Original file (2003086844C070212.rtf) Auto-classification: Denied

    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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:

  • ARMY | BCMR | CY2007 | 20070016080

    Original file (20070016080.TXT) Auto-classification: Denied

    The applicant requests correction of Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 September 1981 to show his first name is W_ _ _ _ _ instead of F_ _ _ _. The applicant’s records show that he used the first name F_ _ _ _ in all military documents and records throughout his military service. Evidence of record shows the applicant enlisted and served using the first name of F_ _ _ _ throughout his military career.

  • NAVY | DRB | 2004_Navy | ND04-00642

    Original file (ND04-00642.rtf) Auto-classification: Denied

    _________________________________________________________________ In accordance with 32 C.F.R., section 724.166; SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue in supplement to the Applicant’s petition. Specification 4: Wrongfully harassing and using abusive language toward prospect T_ F_ on or about Jul 94.Specification 5: Wrongfully engaging in physical contact with prospect T_ F_ by...

  • ARMY | BCMR | CY2003 | 2003088393C070403

    Original file (2003088393C070403.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as "P_ _ _ _." The applicant states that he entered military service without his birth certificate and he told the U.S. Army that his name was "P_ _ _ _."

  • USMC | DRB | 2006_Marine | MD0600672

    Original file (MD0600672.rtf) Auto-classification: Denied

    Private First Class B_ (Applicant) has stated to HM2 H_, “That I have no desire to return to the unit and remain in the Marine Corps.” HM2 P_ had told Private First Class B_ (Applicant) the way to correct his deficiencies through his chain of command and that if he did not then a list of consequences was given to him under the references (a) and (b). Private First Class B_ (Applicant) did not show up for the May drill and was given Unexcused for those drills. It is requested that Private...

  • NAVY | DRB | 2004_Navy | ND04-00384

    Original file (ND04-00384.rtf) Auto-classification: Denied

    ND04-00384 Applicant’s Request The application for discharge review was received on 20040107. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 891003: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense and by a pattern of misconduct as evidenced by Commanding...

  • NAVY | DRB | 2003_Navy | ND03-01248

    Original file (ND03-01248.rtf) Auto-classification: Denied

    ND03-01248 Applicant’s Request The application for discharge review was received on 20030717. Reason being, I knew I was innocent and clueless that the crime had even had even taken place, until I was questioned by SA F_. Since, I was in the Navy the Army had to transfer the case over to the Navy for a trial.

  • NAVY | DRB | 2005_Navy | ND0500647

    Original file (ND0500647.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. Relief is not warranted.The Applicant contends that his discharge should be upgraded because he was suffering from a mental condition while on active duty.

  • NAVY | DRB | 2006_Navy | ND0600841

    Original file (ND0600841.rtf) Auto-classification: Denied

    SA: see SSPCMO.Applicant to confinement at Naval Station Brig.Applicant from confinement.930225: Applicant to appellate leave.930729: NC&PB clemency not granted; restoration denied.931022: NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.940926: Appellate review complete.941004: SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed. After a thorough review of the records, supporting documents, facts, and circumstances...

  • ARMY | BCMR | CY2003 | 2003090885C070212

    Original file (2003090885C070212.rtf) Auto-classification: Denied

    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. 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...