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ARMY | BCMR | CY2001 | 2001060801C070421
Original file (2001060801C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 October 2001
         DOCKET NUMBER: AR2001060801

         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. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Barbara J. Ellis 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: That his Report of Transfer or Discharge, DD Form 214, and all other records be corrected to show his date of birth (DOB) as 6 January 1947.

APPLICANT STATES: In effect, that all other records verify his true DOB as 6 January 1947. He provides as supporting evidence a Bureau of the Census form indicating the applicant was age 3 at the time of the 1950 census and a partially illegible copy of what appears to be a family registry of births and marriages which indicates he was born on 6 January 1947.

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

An Application for Verification of Birth for Official U.S. Armed Forces Use Only, DD Form 372, sent to the Bureau of Vital Statistics, State Board of Health, Columbia, SC listed his DOB as 8 February 1947. That information was verified by a state clerk on 8 August 1967. (The applicant changed his name from M___ to O___ on 10 August 1967.)

The applicant enlisted in the Regular Army on 31 August 1967. On his Statement of Personal History, DD Form 398, he listed his DOB as 8 February 1947. On his Worksheet for National Agency Check Request, DA Form 3208, he listed his DOB as 12 January 1947. On his Armed Forces Security Questionnaire, DD Form 98, he listed his DOB as 12 January 1947. On his pre-enlistment physical examination documents he listed his DOB as 12 January 1947. His Enlisted Qualification Record, DA Form 20, listed his DOB as 8 February 1947.

The applicant was released from active duty on 20 April 1970. His DD Form 214 listed his DOB as 8 February 1947.

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. 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. Prior to the applicant’s enlistment in the Army the State of South Carolina verified his DOB as 8 February 1947. 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 the discrepancies in his DOB 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

__fne___ __mhm___ __bje___ DENY APPLICATION



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




INDEX

CASE ID AR2001060801
SUFFIX
RECON
DATE BOARDED 20011018
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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