RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050000690


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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
correct date of discharge, date of entry into active service, and date of
birth (DOB).

2.  The applicant states that he falsified his DOB in order to enter the
service in 1944 and now wants to correct it.  He also states that while
reviewing his documents he discovered other errors.

3.  The applicant provides a self-authored letter, dated 17 May 2005;
Headquarters, Fort Myer Special Orders Number 143, dated 21 July 1953; City
of New York Certification of Birth; DD Form 214 (Report of Separation from
the Armed Forces of the United States) with a separation date of 26 July
1952; WD AGO 53-55 (Enlisted Record and Report of Separation Honorable
Discharge), with a separation date of 14 November 1946; and an Honorable
Discharge Certificate, dated 14 November 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
26 July 1953.  The application submitted in this case is dated 14 June
2005.

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 WD AGO 53-55 shows that he originally served on active
duty from 19 December 1944 through 14 November 1946.  This document also
shows his DOB as 28 August 1926.

4.  The applicant's DD Form 214 shows that he also served on active duty
from 27 July 1953 through 26 July 1952 and that his DOB is 28 August 1926.

5.  Fort Myer Special Orders Number 143 show that the applicant was
discharged on 26 July 1953.

6.  The applicant’s New York City Certification of Birth shows that the
applicant was born on 23 July 1927.

7.  Item 22 (Net Service Completed this Period) of the applicant's DD Form
214 shows that he served 3 years, 0 months, and 0 days during this period
of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to
reflect his latest date of discharge as 26 July 1953, his date of entry
into this period of active service as 27 July 1950, and his date of birth
as 23 July 1927.

2.  Headquarters, Fort Myer Special Orders Number 143, dated 21 July 1953
show his date of discharge as 26 July 1953; therefore, his records should
be corrected to show this date.

3.  It is reasonable to assume that if the applicant's date of discharge
was 26 July 1953 and he served 3 years on active duty on this enlistment,
that his date of entry was 27 July 1950.  Therefore, his records should be
corrected to reflect this date as his date of entry on active duty.

4.  It is understandable that the applicant wants to have the date of birth
of
28 August 1926 that is recorded in his military records changed to reflect
his date of birth of 23 July 1927 that is shown on his birth certificate.
However, the applicant admittedly falsified his date of birth to gain entry
into the service.  There is no evidence of record or independent evidence
that suggests the date of birth recorded in his military records exhibits a
material error or injustice.

5.  The Army has an interest in maintaining the accuracy of its records.
The data and information contained in those records should reflect the
conditions and circumstances that existed at the time the records were
created.  At the time of the creation of the applicant's military records,
the applicant was using 28 August 1926 as his date of birth.  There is no
compelling reason for compromising the integrity of the Army’s records.

6.  The Board wishes to advise the applicant that a copy of this decisional
document, along with his application and the supporting evidence he
provided, which confirms his correct date of birth, will be filed in his
Official Military Personnel File (OMPF).


7.  Records show the applicant should have discovered the error or
injustice now under consideration on 26 July 1953, the date of his
separation from active duty. Therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 25 July 1956.
 The applicant did not file within the 3-year statute of limitations;
however he has provided compelling evidence to show that it would be in the
interest of justice to excuse the failure to timely file.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__js____  __phm___  __ljo___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing his date of
entry on active duty as 27 July 1950 and his date of discharge as 26 July
1953.

2.  The Board further determined that the evidence presented in
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his date of birth from 28 August 1926 to 23 July 1927.



                                  John Slone
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000690                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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