RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001083


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 all military records be changed to show his
correct date of birth.

2.  The applicant states that all military and Veterans Administration (VA)
records show the wrong date of birth, in particular the computerized
personnel records.  He continues that the Army indicates that his date of
birth is 1931, and some medical records indicate 1929, but that his actual
date of birth is 14 October 1933.

3.  The applicant provides his original birth certificate from the
Demographic Registry of Puerto Rico.  He also states that he provided an
original copy of a letter from the Social Security Administration
indicating his actual date of birth, which was not enclosed in his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1970.  The application submitted in this case
is dated 6 January 2006.

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.  Records show the applicant was inducted on 20 November 1950, and was
retired and transferred to the U.S. Army Reserve on 30 November 1970.  He
had completed a total of 20 years and 11 days of active military service.

4.  Records also show that all of the applicant's pertinent records to
include: induction, separation, reenlistment, service, and medical
documents show his date of birth as 2 May 1929, and were authenticated by
the applicant throughout his 20 years, and 11 days of active military
service.

5.  The applicant provided a copy of a birth certificate from the
Demographic Registry of Puerto Rico.  This birth certificate lists the
applicant's name, and shows his date of birth as 14 October 1933.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all his military records should be
corrected to show his date of birth as 14 October 1933.

2.  All pertinent documents contained in the applicant's service record
shows his date of birth as 2 May 1929, during his 20 years, and 11 days of
active military service and that he signed all official documents showing
his date of birth as 2 May 1929.  The applicant has not provided an
explanation as to why his date of birth was incorrect and not corrected
during his 20 years, and 11 days of active military service, or why it
should be corrected at this time.  Therefore, there is no reason to grant
his request at this time.

3.  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.  However, the Board will direct that a copy of
this Record of Proceedings be placed in the applicant's service records.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 November 1973.  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

__alr___  __lmb___  __qas___  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.



                                  Allen L. Raub
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001083                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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