RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040009406


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 his records be corrected to show his date
of birth as 14 August 1949 instead of 13 August 1949.  The applicant also
requests that his name, rank, and home of record be corrected.

2.  The applicant states that the date of birth shown on his DD Form 214 is
incorrect and should read 14 August 1949 and that his name should include
“Sr.”
[Senior].  He also states that he was discharged in the rank of
specialist/E-5 and his home of record should read “White Rock Trading Post,
Kirtland, New Mexico.”

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a copy of his birth
certificate from the State of New Mexico.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 June 1968.  The application submitted in this case is dated
18 October 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 was inducted into the Army of the United States on
25 June 1968.  He was trained and awarded the military occupational
specialty 11C2P
(Indirect Fire Crewman).

4.  On 24 June 1970, the applicant was honorably released from active duty
after completing 2 years of active military service.  The DD Form 214 he
was issued for this period of active duty service shows his home of record
as White Rock Troop, Kirtland, New Mexico 87417 and his date of birth as 13
August 1949.
Item 31 (Permanent Address for Mailing Purposes after Transfer or
Discharge) of the applicant’s DD Form 214 shows his address as Kirtland,
White Rock Store, New Mexico 87417.



5.  Item 32 (Signature of the Person Being Transferred or Discharged) of
the applicant’s DD Form 214 shows the applicant authenticated this document
in his own hand.

6.  The applicant’s DA Form 47 (Induction Record) shows his home of record
as White Rock TP, Kirtland, New Mexico 87417. His name is shown on this
document without “Sr.”  Item 5 (Date of Birth) shows his birth date as
13 August 1949.  The applicant’s mailing address is shown as General
Delivery, Gallup, New Mexico.

7.  The applicant’s records contain a Statement of Personal History written
in the applicant’s own hand, which shows his date of birth as 13 August
1949.  This document also shows the applicant’s address as White Rock TP,
Kirtland, New Mexico.

8.  The applicant’s records contain Special Orders Number 228, issued by
Headquarters, 173rd Airborne Brigade, APO San Francisco, dated 16 August
1969 which shows he was promoted to the rank of specialist/pay grade E-4 on
5 July 1969.  This is the highest rank he attained while serving on active
duty.

9.  There are no orders or other information contained in the applicant’s
military personnel records which show he was promoted to specialist/pay
grade E-5.

10.  The applicant provides a copy [not a certified true copy] of a
Certificate of Birth from the State of New Mexico which shows he was born
on 14 August 1949.  This document was issued to the applicant on 3 March
2000.

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.

DISCUSSION AND 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.  Evidence of record shows the applicant’s last promotion on active duty
was in the grade of specialist/pay grade E-4.  There is no evidence and the
applicant has presented no evidence to show that he was promoted to
specialist/pay grade E-5.  Therefore, there is insufficient evidence would
justify correcting his records.

3.  The applicant provided no basis for changing the name shown on his
records. Induction records and all other enlistment records show the
applicant served on active duty without “Senior” attached to his name.
Therefore, there is no basis upon which to change the applicant’s records.

4.  The available documents contained in the applicant’s records show his
date of birth as 13 August 1949, including his DD Form 214, which he
authenticated at the time of his discharge confirming that the information
was correct.  The applicant’s record also contains a Statement of Personal
History in his own handwriting in which he wrote that his date of birth as
13 August 1949.

5.  The applicant provides a copy of his birth certificate that shows he
was born on 14 August 1949.  However, this document is insufficient
evidence to present to change his date of birth because the integrity of
the document was changed when the applicant copied the document instead of
providing a certified original true copy from the State of New Mexico.  The
applicant is advised that if he can provide a certified true copy of his
birth certificate, he may reapply to the Board for reconsideration of this
issue.

6.  The applicant’s induction records show his home of record as White Rock
TP (presumably Trading Post) upon enlistment in the Army.  Therefore, his
records should be corrected to reflect the correct home of record.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 24 June 1973.  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.

8.  Evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined in
paragraph 3 of the DETERMINATION/RECOMMENDATION section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE  __  __PMS__  __LGH __  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by amending his DD Form 214 to show his home of record as White
Rock Trading Post, Kirtland New Mexico 87417.




                                  ______Lester Echols     ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009406                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|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.                      |                                        |


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