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ARMY | BCMR | CY2004 | 2004101196C070208
Original file (2004101196C070208.doc) Auto-classification: Denied





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:            29 June 2004
      DOCKET NUMBER:   AR2004101196


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect his
birth name.

2.  The applicant states that he enlisted in 1980 at the age of 17.  He had
always been told his name was Dwayne M. W___.  Only recently has he found
out his name on his birth certificate is Willie C. W___, Jr.  All his
identification has been changed to reflect his birth name but he cannot use
his Department of Veterans Affairs loan until his military records are
corrected.

3.  The applicant provides his birth certificate, a hospitalization card, a
student card, and an insurance card.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 March 1980 under the
name Dwayne M. W___.  All documents in his records show his name as Dwayne
M. W___.  His DD Form 214 (Certificate of Release or Discharge from Active
Duty) shows that he was separated on 25 April 1985 under the name of Dwayne
M. W___.

2.  The applicant provides his birth certificate, which shows his name as
Willie C. W___, Jr.

3.  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 AND CONCLUSIONS:

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 Willie C. W___, Jr., he
appropriately served on and was separated from active duty under the name
Dwayne M. W___.  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 a record of his birth name will be on hand.  He should provide a
copy of this Board action to the Department of Veterans Affairs to show
that, while the Army finds no basis for changing his records, it accepts
the birth certificate as evidence that Dwayne M. W___ and Willie C. W___,
Jr. are one and the same person.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sac___  __le____  __lmb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            __Samuel A. Crumpler__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101196                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040629                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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