RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050002591


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 DD Form 214 be corrected to reflect
that his rank is Staff Sergeant (SSG) E-6, that his date of birth (DOB) is
26 December 1923, and that his service connected conditions be updated on
the Department of Veterans Affairs (VA) computer.

2.  The applicant states, in effect, that his DD Form 214 incorrectly
reflects that his pay grade is E-5 instead of SSG E-6, his DOB is listed as
21 November 1923 instead of 26 December 1923, and his service-connected
conditions are not listed in the BIRLS (Beneficiary Identification and
Records Locator Subsystem).

3.  The applicant provides a copy of his birth certificate showing his DOB
as being 26 December 1923.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 31 July 1963.  The application submitted in this case is dated 7
February 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 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.  He was inducted at Fort Buchanan, Puerto Rico on 22 July 1943 and his
DOB was listed as 21 November 1923.  He was advanced to the permanent rank
of specialist five (SP5) on 9 May 1951, the highest rank he achieved.  He
remained on active duty through a series of continuous reenlistments and
his DOB was listed throughout his service as being 21 November 1923.

4.  On 31 July 1963, he was honorably released from active duty (REFRAD) at
Fort Buchanan and was transferred to the Retired List effective 1 August
1963.  He had served 20 years and 9 days of total active service.  His DD
Form 214 indicates that he was REFRAD in the rank of SP5 and his DOB is
listed as 21 November 1923.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his rank is incorrectly entered on his
DD Form 214 as SP5 and should be listed as SSG E-6 has been noted and found
to be without merit.  The highest rank he achieved throughout his service
was SP5 and that was the rank in which he was REFRAD in.  Accordingly, his
rank is properly portrayed on his DD Form 214.

2.  Although the applicant’s DOB was listed as 21 November 1923 throughout
his entire 20-year career, he has provided a birth certificate which
confirms that his DOB is 26 December 1923.  Accordingly, his records should
be corrected to reflect his DOB as 26 December 1923 instead of 19 November
1923 as currently reflected.

3.  The applicant’s request for the Board to enter his service-connected
conditions on the BIRLS data base has been noted.  However, the Department
of Veterans Affairs is a separate and distinct agency that operates under
its own rules and regulations and the Board has no authority to direct that
agency in any matters.  Accordingly, the Board can offer no effective
relief on that portion of his requests and suggest that he contact that
agency regarding his concerns in that matter.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__sk____  __mhm___  __lmd___  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 that his DOB is
26 December 1923 instead of 21 November 1923, as currently reflected.

2.  The Board further determined that the evidence presented is
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
changing his rank and directing the VA to update its computer database with
his service-connected conditions.



                 Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002591                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |1021/ADMIN MATTERS                      |
|1.100.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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