RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050004118


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette McCants              |     |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 item 6 (Date of Rank) be corrected to show
the entry "20 DEC 69" (20 December 1969) instead of the entry "20 DEC 49"
(20 December 1949) and item 9 (Place of Birth [POB]) be corrected to show
the entry "Milan, Tennessee" instead of "Mailan, Tennessee" on his DD Form
214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DOR and POB are incorrect on
his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1970, the date of his release from active duty
(AD).  The application submitted in this case is dated 11 March 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 military records show he was inducted on 26 February
1969, as an ammunition storage specialist (55B).  He continued to serve
until he was released from AD on 30 September 1970.  He was transferred to
the United States Army Reserve (USAR) Control Group (Annual Training).  He
continued to serve until he was honorably discharged from the USAR on
1 February 1975, in rank and pay grade of specialist (SP4/E-4).

4.  The applicant's DA Form 20, Enlisted Qualification Record, is not
available in his records.  A copy of his promotion orders are also not
available; however, separation orders published by the US Army Personnel
Center, Oakland Army Base, which released him from AD, show him to be
serving in the rank of SP4, pay grade E-4.

5.  Item 6 (DOR), of the applicant's DD Form 214, shows the entry "20 Dec
49" (20 December 1949).

6.  The applicant's records contain a copy of a DD Form 47 (Record of
Induction) that shows his date of birth (DOB) as "6 Dec 1948" (6 December
1948) and his POB as "Gibson Co., Tenn" (Gibson County, Tennessee).

7.  The applicant's pre-induction Standard Form 88 (Report of Medical
Examination), dated 29 May 1968, show his POB as “Gibson Co, Tenn.”

8.  The applicant's records contain a copy of a DA Form 41 (Record of
Emergency Data) which shows his POB as "Gibson Co., Tenn."

9.  Item 8, of his DD Form 214, which was authenticated in his own hand,
show his POB as Mailan, Tennessee.

10.  The applicant's separation physical examination, SF 88, dated
30 September 1970, which was completed in part by the applicant, shows his
POB as "Malian, Tennessee."

11.  On 11 January 1975, the applicant enlisted in the Tennessee Army
National Guard (TNARNG) with his POB as "Milan, Tennessee."  He continued
to serve until he was honorably discharged from the TNARNG on 10 January
1977.

12.  The applicant's records contain several Veterans Administration (VA)
Forms 07-3101, Request for Information, which were completed by him.  Item
11 (POB) on each request shows the entry "Not given."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DOR for SP4/E-4 as
20 December 1949, which is approximate more than 1 year after his DOB of
"6 December 1948."  It is logical to presume that the applicant was
promoted to SP4/E-4 on 20 December 1969 and that his DOR indicated in item
6 of his DD Form 214 was the result of an administrative error.  Therefore,
he is entitled to correction of item 6 of his DD Form 214 to show the entry
"20 DEC 69" (20 December 1969) instead of the entry "20 DEC 49"
(20 December 1949).

2.  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.

3.  The evidence shows that the applicant was inducted utilizing his POB as
Gibson County, Tennessee.  He later utilized and indicated a different city
for his POB by using the names "Malian", Mailan, and Milan on several
documents which were contained in his military records.  While the Board
understands the applicant's desire to have his records changed to show
"Milan, Tennessee" as his official POB, it finds no basis for compromising
the integrity of the Army's records.

4.  The applicant has failed to provide a certified copy of his Birth
Certificate to show that his POB was changed from "Gibson Country,
Tennessee" to "Milan, Tennessee."  Therefore, there is no basis to correct
item 8 (Place of Birth) of his DD Form 214 to show his POB as "Milan,
Tennessee."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JCH___  _RB_____  _JM ____  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 the entry "20
Dec 69" in item 6 (Date of Rank) of his DD Form 214.







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
item 8 (Place of Birth) of his DD Form 214.




                                  ______James Hise______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004118                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700930                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/DENY                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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