RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040006960


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, that his military records be
corrected to show that his date of birth is 2 January 1943 instead of 2
January 1948.

2.  The applicant states, in effect, that his year of birth is incorrectly
reflected as 1948.  He further states that he must present supporting
documents for claims with the Department of Veterans Affairs (DVA) and the
Social Security Administration (SSA).

3.  The applicant provides a copy of:

      a. his DD Form 214 (Certificate of Release or Discharge from Active
Duty) with a separation date of 31 October 1992 on which Item 5 (Date of
Birth) shows his date of birth as 2 January 1948; and

      b.  a Certificate of Live Birth certified by the Panama Canal
Commission on
8 January 1943 that shows the applicant's date of birth as 2 January 1943.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1992, the date of his release from active duty.  The
application submitted in this case is dated 4 July 2004 and was received 9
September 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's military records contain a copy of his Student
Permanent Record from Rutledge College, Fayetteville, North Carolina that
indicates he attended Balboa High School, Canal Zone and graduated in June
1967.  The record also shows the applicant's date of birth as 2 January
1948.

4.  A DD Form 47 (Record of Induction) in the applicant's official military
personnel file (OMPF), on microfiche, shows the applicant's date of birth
as
1 February 1948.
5.  On a hard copy of the DD Form 47 in the applicant's OMPF the date of
birth is lined through and 2 January 1948 is penciled in.

6.  Item 12 (Date of Birth) of the applicant's Standard Form 88 (Report of
Medical Examination), documenting his induction examination, shows the
applicant's date of birth as 1 February 1948.

7.  Item 9 (Date of Birth) of the applicant's DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) with an effective date
of
29 November 1972 shows the applicant's date of birth as 2 January 1948.

8.  On 30 November 1972, the applicant reenlisted for a period of 6 years.

Item 21 (Date of Birth) of the applicant's DD Form 4 (Enlistment Contract -
Armed Forces of the United States), dated 30 November 1972, shows the
applicant's date of birth as 2 January 1948.

9.  Item 4 (Date of Birth) of the applicant's DD Form 214 (Report of
Separation from Active Duty) with an effective date of  15 September 1977
shows the applicant's date of birth as 2 January 1948.

10.  On 16 September 1977, the applicant reenlisted for a period of 6
years.
Item 7 (Date of Birth) of the applicant's DD Form 4, dated 16 September
1977, shows the applicant's date of birth as 2 January 1948.

11.  On 17 June 1983, the applicant reenlisted for a period of 6 years.
Item 7 (Date of Birth) of the applicant's DD Form 4/1
(Enlistment/Reenlistment Document - Armed Forces of the United States),
dated 17 June 1983, shows the applicant's date of birth as 2 January 1948.

12.  On 17 February 1989, the applicant reenlisted for a period of 6 years.
 Item 6 (Date of Birth) of the applicant's DD Form 4/1 shows the
applicant's date of birth as 2 January 1948.

13.  On 31 October 1992, the applicant was released from active duty and
placed on the Retired List effective 1 November 1992.  Item 5 (Date of
Birth) of the applicants DD Form 214 (Certificate of Release or Discharge
from Active Duty) with a separation date 31 October 1992 shows the
applicant's date of birth as
2 January 1948.

14. All of the above enlistment/reenlistment and separation documents were
signed by the applicant in his own hand.

15.  Item 10 (Date of Birth) of a DA Form 428 (Application for
Identification Card), dated 11 March 1985, signed by the applicant in his
own hand, shows that his date of birth as 2 January 1948.

16.  Item 4 (Date of Birth) of the applicant's DD Form 4240 (Data for
Payment of Retired Army Personnel), dated 17 September 1992, signed by the
applicant in his own hand and signed by his spouse, shows that his date of
birth as 2 January 1948.

17.  The applicant's military record also contains a DA Form 873
(Certificate of Clearance and/or Security Determination) that shows a
National Agency Check investigation was conducted on the applicant for
determination of his security clearance.  The forms show the applicant's
date of birth as 2 January 1948.

18.  The Military Selective Service Act states, in pertinent part, that no
person, without his consent, shall be inducted for training and service in
the Armed Forces after he has attained the twenty-sixth anniversary of the
day of his birth.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the year of birth on his DD Form 214 should
be corrected to read 2 January 1943 instead of 2 January 1948.

2.  According to the record of induction, the applicant would have been 23
years old at the time of his induction.  If the applicant's year of birth
was 1943 he would have been 28 years and therefore not subject to
induction.

3.  Throughout the applicant's military career he had the opportunity to
correct his date of birth not less than 10 times, upon discharges and
reenlistments.

4.  Although the applicant has provided a birth certificate, he offers no
explanation as to why his school records prior to his military service show
the date of birth as 2 January 1948, why he did not request a correction of
his military records over a 21 year Army career, or why he waited over 10
years after retirement to request that his date of birth be changed.

5.  Therefore, based on the preponderance of evidence in this case, relief
cannot be granted.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1992, the date of his
release from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 30 October
1995.  However, the applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RJW__  __KWL__  __DRT   _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____Raymond J. Wagner    _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006960                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]