RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050004757


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 the date of birth listed on his DD Form 214
(Report of Separation from the Armed Forces of the United States) be
corrected.

2.  The applicant states, in effect, the date of birth on his DD Form 214
should read 18 February 1928 and not 29 October 1927.

3.  The applicant provides a copy of a birth certificate, DD Forms 214 for
two periods of service, letter from the Department of Veterans Affairs
reference his disability, Board Proceedings from a prior case, discharge
certificate, certificate of retirement, and a letter from the Neshoba
County Veteran Service Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 June 1951, the date of his separation from active duty.  The
application submitted in this case is dated 17 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 records show that on 31 January 1948, a Consent for
Enlistment in the United States Army was signed by his parents certifying
that he was born on 29 October 1927.

4.  A WD AGO Form 24A (Service Record) shows in section 1 (Enlistment or
Induction Record) item (Date of Birth) that the applicant's date of birth
is
29 October 1927.

5.  Item 10 (Date of Birth) of the applicant's DD Form 214 (Report of
Separation from the Armed Forces of the United States) with an effective
date of
24 July 1950 shows the applicant's date of birth as 29 October 1927.

6.  Item 3 (Date of Birth) of the applicant's Standard Form 88 (Report of
Medical Examination) dated 16 September 1950, documenting him being put on
active duty examination, shows the applicant's date of birth as 29 October
1927.

7.  Item 10 (Date of Birth) of the applicant's DD Form 214 (Report of
Separation from the Armed Forces of the United States) with an effective
date of
17 June 1951 shows the applicant's date of birth as 29 October 1927.

8.  Item 6 (Date of Birth) of the applicant's DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) with an effective date
of
13 June 1957 shows the applicant's date of birth as 29 October 1927.

9. All of the above documents were signed by the applicant in his own hand.

10.  The applicant provides a copy of a birth certificate that shows an
individual with the same name was born on 18 February 1928.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the year of birth on his DD Form 214 should
be corrected to read 18 February 1928 instead of 29 October 1927.

2.  Throughout the applicant's military career he had the opportunity to
correct his date of birth at least three times, upon discharges and
reenlistments.

3.  Although the applicant has provided a birth certificate, he offers no
evidence to show that it is in fact his, no explanation as to why he did
not request a correction of his military records over a 9 year Army career,
or why he waited over 40 years after separation to request that his date of
birth be changed.

4.  All of the military documentation available to the Board shows the 27
October 1927 birth date.  A single document (the birth certificate) is
insufficient to outweigh the official military documents that show he
served and was discharged with his birth date as shown.

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.

6.  Therefore, based on the preponderance of evidence in this case, relief
cannot be granted.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 June 1951, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 16 June 1954.  However,
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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___rjf ___  __wdp___  ___tmr __  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.




                            ___William D. Powers_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004757                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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