RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040005128


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her DD Form 214 (Report of Transfer or
Discharge) be corrected to show her date of birth as 1 June 1943, vice 31
May 1943.

2.  The applicant states she is applying for health benefits and her DD
Form 214 needs to be corrected.  She was born at home on 31 May 1943;
however, the doctor who filled out her birth certificate put 1 June 1943 on
that certificate.  For social security purposes, she was informed to use
the date on her birth certificate.

3.  The applicant provides a copy of her DD Form 214 and a copy of a
notification of birth registration.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 June 1963.  The application submitted in this case is
dated        29 July 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 3 years on 25 September 1961.
Her birth date on her enlistment record (DD Form 4), which she signed
attesting to its accuracy, is 31 May 1943.  The applicant’s mother had to
consent to her enlistment, which she did on 25 July 1961 by completing and
signing a              DD Form 373 (Consent, Declaration of Parent or Legal
Guardian), which shows that the applicant’s date of birth as 31 May 1943.


4.  The applicant served until her discharge on 20 June 1963 because of her
pregnancy.  All the forms, documents, and papers prepared during her
enlistment, to include reports of medical examinations, certificate of
clearance, statement of personal history, record of emergency data, and so
forth, show her date of birth as 31 May 1943.  Her DD Form 214 shows her
date of birth as        31 May 1943.

5.  The notification of birth registration that she submits with her
request shows her date of birth as 1 June 1943.

6.  Information obtained from the Social Security Administration web site
indicates that many birth registrars send a notification of birth
registration when a birth has been recorded.  The purpose was to notify
parents of the information contained on the birth record so that any
necessary changes could be made in the record.  In 1924 the Bureau of the
Census began issuing the form, “Notification of Birth Registration.”  The
bureau used this form to notify parents that their child’s birth had been
registered in the state where born.

7.  Army Regulation 601-210 provides the eligibility requirements and
administrative procedures for enlistment in the Army, and states in
pertinent part that the age of all applicants will be verified from
evidence submitted or from official records.  Applicants will be required
to present birth certificates or statements from the State Registrar of
Vital Statistics or other similar state official, or must have such
information recorded in official records.  Women who have not yet reached
their 21st birthday must obtain the written consent of their parents or
legal guardian.  DD Form 373 will be utilized for the purpose of obtaining
written consent.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates that when the applicant enlisted in the Army on
        25 September 1961 she indicated that her date of birth was 31 May
1943, and that when her mother consented to her enlistment in July 1961,
she also indicated that the applicant’s date of birth was 31 May 1943.
Official documents initiated both before and after her enlistment show her
date of birth as 31 May 1943.

2.  Notwithstanding the “Notification of Birth Registration” that she
submits with her request, at the time of her enlistment she must have
provided some official paper showing her date of birth as 31 May 1943.  In
this respect, regularity is presumed in the preparation of her enlistment
documents.

3.  The applicant’s date of birth is correctly recorded on her DD Form 214
and the documents contained in her official military personnel file.  There
is no error in her records.  The applicant has submitted neither probative
evidence nor a convincing argument in support of her request.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SP  ___  ___PM__  ___DA __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____ Shirley L. Powell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005128                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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