RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050009154


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. 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 his date of birth be corrected on his
military records to show the date 8 February 1945.

2.  The applicant states that his mother told him his date of birth was 5
January 1945 and that he did not find out his correct date of birth until
he requested a copy of his birth certificate for a disability claim.

3.  The applicant provides a copy of his birth certificate in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 November 1965, the date of his enlistment in the Army.
The application submitted in this case is dated 16 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 records contain a DA Form 20 (Enlisted Qualification
Record) which shows in item 6 (Date of Birth) the entry 5Jan45 [5 January
1945].

4.  The applicant's records contain a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) which shows in item 9 (Date
of Birth) the entry 5 Jan 45 [5 January 1945].  This form was authenticated
by the applicant at the time of his separation from active duty.

5.  There is no evidence in the applicant's Official Military Personnel
File (OMPF) which shows his date of birth as 8 February 1945.

6.  The applicant provided a Certification of Birth from the Commonwealth
of Puerto Rico which shows the applicant's date of birth as 8 February
1945.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to have the date of birth recorded in his
military records changed to the date on his birth certificate is
understood.  However, there is no evidence that suggests the date of birth
recorded in his military records exhibits a material error or injustice.
Further, there is an insufficient evidentiary basis to conclude that he has
or would suffer an injury or injustice as a result of the Army maintaining
its records with the date of birth with which he served.

2.  The available records indicate the applicant served and was honorably
separated from the Army with the date of birth shown in his separation
documents.  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.  While the applicant’s desire to have the records changed to
reflect his date of birth as reflected on his birth certificate is
understood, there appears to be no compelling reason to compromise the
integrity of the Army’s records to satisfy this request.

3.  A copy of this decisional document, along with his application, which
confirms his date of birth, will be filed in the applicant’s OMPF.  This
should serve to clarify any questions or confusion regarding the different
dates of birth.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 November 1965.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 31 October 1968.  However, he failed to 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

_JM_____  _LE___  __JED____  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.




                                       _Lester Echols______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009154                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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