PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 March 2002                   
	DOCKET NUMBER:  AR2001062559

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyl		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show a different date of birth (DOB).

3.  The applicant states that his correct DOB is 7 January 1970.

4.  The applicant’s military records show that after completing 11 months and    15 days of prior active service, he enlisted in the Army on 3 October 1995.  His Enlistment Contract shows his DOB as 7 January 1970.

5.  On 8 May 1999, he was honorably discharged from active duty in pay grade E-4, under Army Regulation 635-200, chapter 5, based on a physical condition, not a disability.  His separation document shows he had 4 years, 6 months and   21 days of creditable service and shows a DOB as 19951003.

6.  Army Regulation 635-5 (Personnel Separation Documents) indicates in pertinent part, that the DOB will be taken from the birth certificate presented at the time of entry.

CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the applicant’s case, the DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 May 1999 does not reflect the correct information under which military service was performed.  These records should be corrected accordingly.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing item 5, DOB, DA Form 214, dated 8 May 1999 of the individual concerned as 19700107.

BOARD VOTE:  

_fne____  _le____  _tl_____       GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062559	
SUFFIX		
RECON		
DATE BOARDED	20020328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.