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Decision Text

ARMY | BCMR | CY2001 | 2001056724C070420
Original file (2001056724C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 October 2001
         DOCKET NUMBER: AR2001056724


         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. Raymond J. Wagner Chairperson
Ms. Kathleen A. Newman Member
Mr. Ronald E. Blakely 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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 January 1972 be corrected to show his date of birth (DOB) as 16 January 1951.

3. The applicant states that his DOB is wrong and should be corrected.

4. The applicant’s military records show that on 7 April 1969, he enlisted in the Army Reserve Delayed Enlistment Program. His DOB was documented as 16 January 1951 on his enlistment contract and subsequently confirmed by the Federal Bureau of Investigation during his National Agency Check.

5. On 4 August 1969, he enlisted in the Regular Army. His DOB was shown as 16 January 1952 on his enlistment contract.

6. During his period of active duty, his records were corrected to show his DOB as 16 January 1951.

7. Other documents in his records show his DOB as 16 January 1951, including his Enlisted Qualification Record.

8. On 23 January 1972, he was honorably separated in pay grade E-5 under Army Regulation 635-200, based on being an overseas returnee and transferred to the Army Reserve. His DD Form 214 indicates he had 2 years, 5 months and 20 days of creditable service. His DOB was shown as 16 January 1952 (sic).

9. Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, 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.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant’s DOB as 16 January 1951 and his DD Form 214 should be corrected accordingly.

2. 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 the DOB as 16 January 1951.

BOARD VOTE:

_kan____ _reb____ _rjw____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001056724
SUFFIX
RECON
DATE BOARDED 20011025
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100
2.
3.
4.
5.
6.


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