RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 December 2004
      DOCKET NUMBER:  AR2004106592


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 31 May 1939, not 31 May 1938.

2.  The applicant states that an error was made with his date of birth when
he entered military service.  The error will affect his medical benefits.

3.  The applicant provides a certification of birth.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    31 May 1981.  The application submitted in this case is
dated 29 March 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 limitation 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 initially enlisted in the Army National Guard (ARNG) on
24 April 1955.  His Army National Guard enlistment contract is not
available.  He was separated from the Army National Guard on 9 December
1958 and enlisted in the Regular Army on 10 December 1958.

4.  All documents in the applicant's records, to include all his Regular
Army enlistment contracts, applications for military identification card,
and his DA Form 2 (Personnel Qualification Record Part I) except one, show
his date of birth as    31 May 1938.  Only a DD Form 398 (Statement of
Personal History), completed by him on 16 December 1966, shows his date of
birth as 31 May 1939.

5.  The applicant was released from active duty on 31 May 1981 for the
purpose of retiring on 1 June 1981.  His DD Form 214 for the period ending
31 May 1981 shows his date of birth as 31 May 1939.

6.  The applicant provides an original, stamped certification of birth that
shows he was born on 31 May 1939.

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.  The applicant's Army National Guard enlistment contract is not
available so it cannot be determined what date of birth is listed on that
document.  It is noted that every other document except one in his records
shows his date of birth as  31 May 1939.  There appears to be is no basis
for changing his records; however, it is recognized that he was underage
when he enlisted in the Army National Guard and most likely changed his
date of birth at the time to overcome that fact.

3.  The applicant provided an original, stamped certification of birth that
shows his date of birth as 31 May 1939.  This document is accepted as
sufficient evidence to show that his date of birth was 31 May 1939 and not
31 May 1938.  The Board recognizes, in this case, that the applicant may
incur difficulties associated with official documents showing his date of
birth as 31 May 1938.  .  As a result, as an exception to policy the
applicant should be issued a DD Form 1343 (Notification of Change in
Service Member's Official Records) showing his date of birth to be 31 May
1939.

BOARD VOTE:

__mdm___  __jed___  __jbg___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual
concerned be corrected by issuing a DD Form 1343 showing his date of birth
to be 31 May 1939.




            ____Mark D. Manning___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106592                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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