RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002196


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show his
true date of birth (DOB).

2.  The applicant states, in effect, that his DD Form 214 shows his DOB as
7 July 1949, but his actual DOB is 7 July 1940.

3.  The applicant provides a copy of his Missouri Standard Certificate of
Live Birth (Delayed).  This document, which was issued on 11 July 1949,
shows the applicant was born on 7 July 1940.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 November 1970.  The application submitted in this case is
dated 26 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.  The applicant enlisted in the Regular Army for 3 years on 10 August
1967.  Documents contained in his Official Military Personnel File (OMPF)
list his DOB as 7 July 1949.

      a.  DD Form 4 (Enlistment Record) reflects his DOB as 7 July 1949.

      b.  DD Form1584 (National Agency Check Request) reflects his DOB as
7 July 1949 and that he attended Kearney High School, Kearney, Missouri
from September 1966 to April 1967.

      c.  DD Form 372 (Application for Verification of Birth for Official
US Armed Forces Use Only) reflects his DOB as 7 July 1949.

      d.  DA Form 428 (Application for Identification Card) reflects his
DOB as 7 July 1949 and includes a full face photograph of the applicant.

      e.  DD Form 398 (Statement of Personal History), which is completed
in the applicant's own handwriting, reflects his DOB as 7 July 1949.

      f.  VA Form 07-3101 (Request for Information) shows that, on 24 March
1975, he initiated an original disability claim and gave his DOB as 7 July
1949.

4.  The applicant was honorably separated from active duty on 10 November
1970.  His DD Form 214 shows his DOB (Item 9) as 7 July 1949.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 7 July 1940.  If true, he would
have been 27 years, 1 month, and 4 days old upon enlistment.  Using the 7
July 1949 DOB given by the applicant upon his enlistment, he would have
been 18 years, 1 month, and 4 days old.

2.  The applicant attended Kearney High School from September 1966 to April
1967.  Using the 1940 date, he would have been 26 years old; using the 1949
date, he would have been 17 years old.  Clearly, no 26 year old man could
be admitted as a high school student, while a 17 year old clearly belongs
in high school.

3.  In 1967, the Army verified the applicant's DOB as 7 July 1949 via DD
Form 372.

4.  The photograph attached to the applicant's DA Form 428 clearly shows a
"baby-faced" young man of 18, not a 27 year old man.

5.  Despite the evidence submitted by the applicant, every document in his
OMPF, and verifiable elements of his personal history, all point to 7 July
1949 as his correct DOB.

6.  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 OMPF.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 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

__wdp___  __jcr___  __ksj___  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                 |AR20060002196                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0800                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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