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ARMY | BCMR | CY2001 | 2001064731C070421
Original file (2001064731C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 28 March 2002
         DOCKET NUMBER: AR2001064731

         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. Lester Echols Member
Mr. Thomas Lanyi 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 Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show his correct birth date.

APPLICANT STATES: That he put an incorrect birth date on his application for the military because he wanted to join in the war effort but he was not yet of age to do so. He provides a copy of his Record of Birth and Social Security card as supporting evidence.

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

He enlisted in the Regular Army on 28 April 1958. His enlistment contract shows his date of birth as 16 December 1939. He reenlisted several times and received several DD Forms 214 and all his reenlistment contracts and DD Forms 214 show his birth date as 16 December 1939. He was appointed a warrant officer and entered active duty on 15 April 1977. He retired on 30 April 1980. His DD Form 214 for the period ending 30 April 1980 shows his date of birth as 16 December 1939.

The applicant provides a copy of his Record of Birth which shows his birth date as 4 August 1941.

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. Although the applicant provides a copy of a Record of Birth that shows his birth date as 4 August 1941, he appropriately served on and was separated from active duty with his records showing his birth date as 16 December 1939. 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 date 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___ __LE____ __TL____ DENY APPLICATION



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




INDEX

CASE ID AR2001064731
SUFFIX
RECON
DATE BOARDED 20020328
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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