RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050015745


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, in effect, correction of his military service
records to show his correct date of birth.

2.  The applicant states, in effect, that when he entered the U.S. Army he
provided a copy of his birth certificate that showed his date of birth as 8
May 1944.  He also states that, although his family had his birth
certificate corrected to show his correct date of birth as 7 November 1944,
the corrected copy of the birth certificate was not used when the applicant
processed into the U.S. Army.  Consequently, his date of birth is
incorrectly shown in his military service records.  The applicant adds that
he discovered this error upon application for benefits with the Department
of Veterans Affairs (VA).

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
21 March 1968, and State of Georgia, Department of Public Health, Atlanta,
Georgia, Delayed Certificate of Birth, dated 14 June 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 March 1968; the date of his separation from active duty.
The application submitted in this case is dated 24 October 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 available military service record in this case is the applicant's
DD Form 214, with an effective date of 21 March 1968.  This document shows,
in pertinent part, that the applicant was inducted into the U.S. Army on 23
March 1967, was awarded military occupational specialty 11B (Light Weapons
Infantryman), and served overseas in the Republic of Vietnam for 5 months
and 1 day.  He was honorably separated from the Army on 21 March 1968 after
serving 1 year,
11 months, and 29 days on active duty.


4.  Item 9 (Date of Birth) of the applicant's DD Form 214 contains the
entry
"8 May 44" and Item 8 (Place of Birth) contains the entry "McRae, Georgia."

5.  The applicant provides a copy of his DD Form 214 and State of Georgia,
Department of Public Health, Atlanta, Georgia, Delayed Certificate of
Birth, dated 14 June 1945.  The DD Form 214 shows the applicant's date of
birth as 8 May 1944.  However, the Delayed Certificate of Birth shows that
on 14 June 1945 the applicant's father and two other individuals submitted
sworn affidavits attesting to information concerning the applicant's birth
which, in pertinent part, shows that the applicant was born on 7 November
1944 in Towns, Georgia.

6.  In the processing of this case, attempts were made to telephonically
contact the applicant's designated counsel, as the issue of the applicant's
correct place of birth was not addressed in his DD Form 149 (Application
for Correction of Military Records Under the Provisions of Title 10, U.S.
Code, Section 1552).  Absent a response to the analyst's voicemail
messages, and in view of the fact that both the date of birth and place of
birth of the applicant are incorrect in the applicant's military service
records, it is reasonable to assume the applicant intended that both these
items be corrected in his military service records.

7.  Army Regulation 635-5 (Separations Documents), in effect at the time of
the applicant's separation, establishes the standardized policy for
preparing and distributing discharge documents.  Section III (Instructions
for Preparation and Distribution of the Armed Forces of the United States
Report of Transfer or Discharge) of this Army regulation provides, in
pertinent part, that all available records will be used as a basis for the
preparation of the DD Form 214.  The instructions for the entries in Item 8
and Item 9 of the DD Form 214 indicate "Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the date of birth and place of
birth are incorrect on his discharge document because the birth certificate
that the applicant used to enter the Army showed the incorrect date of
birth and place of birth.  The applicant also contends that his birth
certificate was subsequently corrected and he provides official documentary
evidence showing his correct date of birth as 7 November 1944 and correct
place of birth as Towns, Georgia, which supports his claim that both the
date of birth and place of birth currently shown in his military service
records are incorrect.


2.  The evidence of record shows that the applicant's date of birth is
recorded in his military service records as 8 May 1944 and his place of
birth is recorded as McRae, Georgia.  However, the documentary evidence
presented in this case indicates that the supporting evidence submitted to
the court in support of the Delayed Certificate of Birth conformed to the
minimum requirements set forth by the regulations of the State of Georgia,
Department of Public Health, and it was determined that the time and place
of birth of the applicant was on 7 November 1944 in Towns, Georgia.
Consequently, the applicant's date of birth and place of birth are
incorrectly recorded in his military service records.  Therefore, the
applicant's military service records should be corrected to show his date
of birth as 7 November 1944 and his place of birth as Towns, Georgia.

3.  As a matter of record, the evidence of record also shows that the
applicant was of the age of majority and legally eligible to be inducted
into the U.S. Army on 23 March 1967, notwithstanding this correction to his
date of birth.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 21 March 1968; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 20
March 1971.  Although the applicant did not file within the ABCMR's statute
of limitations, it is appropriate to waive failure to timely file for
correction of the applicant's military service records with respect to his
date of birth and place of birth.

BOARD VOTE:

__KAN__  __CVM __  __YM___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 following corrections to
the applicant's DD Form 214:

      a.  Item 8.  Place of Birth
                 Delete:  "McRae, Georgia"
                 Add:     "Towns, Georgia"

      b.  Item 9.  Date of Birth
                 Delete:  "8 May 44"
                 Add:     "7 Nov 44"




                                __Kathleen A. Newman___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015745                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680321                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 201                     |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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