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ARMY | BCMR | CY2002 | 2002069857C070402
Original file (2002069857C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002069857


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Regan K. Smith 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 and service number be corrected on his Reports of Transfer or Discharge, DD Forms 214.

3. The applicant states that his date of birth should be noted as 11 February 1948, not 11 September 1946. His service number should be noted as __ ___ 418, not __ ___ 018. He provides his DD Forms 214 for the periods ending 9 November 1964 and 27 January 1970, his birth certificate, and his social security card as supporting evidence.

4. The applicant’s military records show that he enlisted in the Army National Guard (ARNG) on 20 October 1963. His enlistment contract shows his service number as __ ___ 418 and his date of birth as 11 September 1946.

5. The applicant was ordered to initial active duty for training on 25 May 1964. He was released from active duty on 9 November 1964. His DD Form 214 for this period correctly shows his service number as __ ___ 418. His date of birth is shown as 11 September 1946.

6. The applicant was discharged from the ARNG and transferred to the U. S. Army Reserve on 15 October 1965. His Report of Separation, NGB Form 22, correctly shows his service number as __ ___ 418. It shows his date of birth as 11 September 1946.

7. The applicant was involuntarily ordered to active duty on 28 June 1968. He was released from active duty on 27 January 1970. His DD Form 214 for this period erroneously shows his service number as __ ___ 018. His date of birth is shown as 11 September 1946.

8. All documents in the applicant’s personnel records, including documents he prepared himself or reviewed or signed, show his date of birth as 11 September 1946.

9. Most of the documents in the applicant’s personnel records, including his involuntary order to active duty orders, correctly show his service number as __ ___ 418; however, a number of documents incorrectly show it as __ ___ 018.

10. The applicant provides a birth certificate, issued on 10 December 1971, which shows his date of birth as 11 February 1948.

11. 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.

CONCLUSIONS:

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’s birth date as listed on his birth certificate is 11 February 1948, all documents in his records show he enlisted in the ARNG, served on active duty, and was released from active duty under the belief his date of birth was 11 September 1946. It is presumed this was the information he provided to his recruiter at the time and that his birth certificate showing his date of birth as 11 February 1948 was not discovered until after he was separated. 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 certificate will be on hand.

3. There is an error on the applicant’s DD Form 214 for the period ending 27 January 1970 with regards to his service number. When he enlisted in the ARNG in 1963, he was given the service number __ ___ 418. He still had that service number when he was discharged from the ARNG in 1965 and when he was ordered to active duty in 1968. The service number as shown on his DD Form 214 for the period ending 27 January 1970 and on a number of other documents in his records, __ ___ 018, is incorrect and those records should be corrected.

4. 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 his service number as __ ___ 418.


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

BOARD VOTE:

JLP AAO RKS GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater
                  CHAIRPERSON




INDEX

CASE ID AR2002069857
SUFFIX
RECON
DATE BOARDED 2002/06/04
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 100.10
2. 100.00
3.
4.
5.
6.



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