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ARMY | BCMR | CY2001 | 2001065926C070421
Original file (2001065926C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 04 APRIL 2002
         DOCKET NUMBER: AR2001065926


         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Roger W. Able Member
Ms. Karen Y. Fletcher 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 date of birth on his 1953 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected and that item 26 (foreign and/or sea service) be corrected to reflect a total of 36 months of overseas service. The applicant states that he served 9 months in Panama, 14 months in Korea, 7 months in Germany and 6 months in Puerto Rico.

3. The applicant originally requested that his separation document be corrected in August 2001. In that application he requested that his date of birth on his separation document be corrected to reflect 26 January 1928 vice 24 October 1927. That request was administratively closed because the applicant did not provide a copy of his birth certificate. In the applicant's latest request he does provide a copy of his birth certificate. The birth certificate confirms his date of birth as 26 January 1928.

4. The applicant's service personnel records were not available to the Board. They were likely destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. The only information available to the Board was a copy of the applicant's 1953 DD Form 214. That document shows that the applicant entered active duty in June 1950 and served 5 months and
2 days overseas where he was awarded the Korean Service Medal, Combat Infantryman Badge and the Purple Heart.

5. The applicant was discharged from active duty on 25 June 1953. His separation report reflects a date of birth of 24 October 1927.

CONCLUSIONS:

1. Unfortunately, the absence of the applicant's service personnel records makes it impossible for the Board to determine if the information contained in item 26 on his DD Form 214 is correct. In the absence of evidence to the contrary, the Board concludes that the information is accurate and finds no basis to change the entry.

2. The Board is convinced, however, that the applicant's date of birth was erroneously recorded on his DD Form 214 and, based on the evidence contained on the applicant's birth certificate, concludes it would be appropriate to correct the applicant's date of birth on his separation document to reflect 26 January 1928.

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




RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing on the applicant's 1953 DD Form 214 that his date of birth is 26 January 1928.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__AAO__ __RWA__ __KYF __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian___
                  CHAIRPERSON




INDEX

CASE ID AR2001065926
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020404
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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