RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 February 2008
      DOCKET NUMBER:  AR20070012420


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that the military records of her
deceased husband, a former service member (FSM), be corrected to reflect
his correct
Date of Birth (DOB).

2.  The applicant states, in effect, that the FSM's correct DOB is 7
December 1943, and not 3 March 1939, as is indicated on his records.

3.  The applicant provides the following documents in support of the
application: Marriage Certificate; FSM’s Social Security Account Number
(SSAN) Card; FSM’s Separation Documents (DD Forms 214), dated 28 July 1961
and
7 November 1961; FSM’s Delayed Birth Certificate; FSM’s Death Certificate;
and FSM’s Driver's License.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's record shows that he was initially inducted into the Army and
entered active duty on 28 July 1961.  A Record of Induction (DD Form 47) on
file lists his DOB as 3 March 1939 in Item 5 (Date of Birth).

3.  The FSM Military Personnel Records Jacket (MPRJ) contains a Report of
Medical History (SF 89), which the FSM completed on 16 June 1961, in
conjunction with his Pre-Induction Physical Examination.  This document
lists his DOB as 3 March 1939, in Item 12 (Date of Birth) and the FSM
authenticated the document with his signature.  It also contains his pre-
induction Report of Medical Examination (SF 88), dated 16 June 1961, which
also lists his DOB as 3 March 1939, in Item 12 (Date of Birth).
4.  The FSM's Enlisted Qualification Record (DA Form 20), which was
prepared upon his entry on active duty lists his DOB as 3 March 1939, in
Item 3 (Date of Birth).

5.  On 6 November 1961, the FSM was honorably discharged for the purpose of
immediate enlistment in the Regular Army (RA).  Item 6 (Date of Birth) of
the
DD Form 214 he was issued at this time lists his DOB as 3 March 1939 in
Item 6 (Date of Birth) and the FSM authenticated this document with his
signature in Item 34 (Signature of Person Being Transferred or Discharged).
 On 7 March 1961, he enlisted in the RA for three years and remained on
active duty in that status.

6.  All the documents on file in the FSM's MPRJ that contain a DOB list it
as
3 March 1939.  There are no documents or records on file that list his DOB
as
7 December 1943, which the applicant now claims is correct.

7.  On 21 January 1963, the FSM was separated with a general, under
honorable conditions discharge (GD).  The DD Form 214 he was issued at the
time shows he completed a total of 1 year, 3 months, and 3 days of
creditable active military service.  Item 6 (Date of Birth) of the
separation document lists his DOB as
3 March 1939, and the FSM authenticated this document with his signature in
Item 34 (Signature of Person Being Transferred or Discharged).

8.  The applicant provides a Delayed Birth Certificate on the FSM, issued
on
16 February 1996, which shows the FSM's DOB as 7 December 1943.  She also
provides the FSM's Death Certificate, which confirms he died on 10 June
2007; and his 2005 California Driver's License, which both list his DOB as
7 December 1943.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to have the FSM's military records corrected to
show his correct DOB is understood.  However, the evidence of record
confirms the FSM was inducted, served, and was separated from the Army
using the DOB
3 March 1939, which is the DOB listed on his final DD Form 214.

2.  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 the FSM's correct DOB, as reflected on the birth certificate is
understood, there is no indication the FSM questioned the DOB at the time
he entered the military, at anytime during his military service, or at the
time he was discharged.
3.  In fact, the evidence of record confirms the FSM authenticated, with
his signature, the DD Forms 214 that were issued to him on 6 November 1961
and
21 January 1963.  In effect, his signature on these documents was his
verification that the information they contained, to include the DOB, was
correct at the time the DD Forms 214 were prepared and issued.  Absent a
compelling reason, there is an insufficient evidentiary basis to support
compromising the integrity of the Army’s records to satisfy this request.

4.  A copy of this decisional document, along with his application and
associated documents submitted by the applicant, to include the birth
certificate will be filed in the FSM's Official Military Personnel File
(OMPF).  This should serve to clarify any questions or confusion regarding
his DOB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __AU  ___  __RDG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Kenneth L. Wright_____
                                            CHAIRPERSON



                                    INDEX

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


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