RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:      14 March 2006
      DOCKET NUMBER:  AR20050009719


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |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 her deceased husband's, a
former service member's (FSM) date of birth be corrected.

2.  The applicant states, in effect, that her husband's date of birth
should be corrected to 10 June 1922 on all his military records.

3.  To support her request, the applicant provides a copy of his
certificate of birth issued by Edgecombe County, North Carolina, on 19
April 2000; and a copy of his certificate of death issued by the North
Carolina Department of Health and Human Services, State Center for Health
Statistics – N.C. Vital Records, filed on 13 May 2005.

CONSIDERATION OF EVIDENCE:

1.  The evidence shows that the FSM was inducted into the Army of the
United States at Fort Bragg, North Carolina, on 15 January 1943.  The FSM
continued to serve making the Army his career and on 31 May 1964, he was
separated for the purpose of retirement in the rank and pay grade,
Specialist Five, E-5.  On the date of his transfer to the Retired Reserve,
the FSM had completed 21 years, 4 months, and 9 days total active service.

2.  The FSM's WD AGO Form 24, Service Record, covering the period of
service from 15 January 1943 to 30 October 1945, shows the FSM's date of
birth as 20 February 1922.

3.  The FSM's WD AGO Form 53-55, Enlisted Record and Report of Separation –
Honorable Discharge, with a date of separation of 30 October 1945, shows
the FSM's date of birth, in item 10 (Date of Birth), as 20 February 1922.

4.  The FSM's WD AGO Form 21, Enlisted Record, with a reenlistment date of
31 October 1945, shows the FSM's date of birth, in item 1 (Date of Birth),
in the Declaration of Applicant section, as 20 February 1922.

5.  The FSM's WD AGO Form 20, Soldier's Qualification Record, shows the
FSM's date of birth, in Item 3 (Date of Birth of Soldier), as 20 February
1922.

6.  The FSM's WD AGO Form 53, Enlisted Record and Report of Separation –
Honorable Discharge, with a date of separation of 30 October 1948, shows
the FSM's date of birth, in item 10 (Date of Birth), as 20 February 1922.

7.  The FSM's WD AGO Form 21, Enlisted Record - Regular Army, with a
reenlistment date of 1 November 1948, shows the FSM's date of birth, in
item 1 (Date of Birth), in the Declaration of Applicant section, as 15 June
1922.

8.  The FSM's DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, with a date of separation of 10 August 1958, shows
the FSM's date of birth, in item 6 (Date of Birth), as 22 February 1922.

9.  The FSM's DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, with a date of separation of 10 May 1961, shows the
FSM's date of birth, in item 6 (Date of Birth), as 15 June 1922.

10.  The DA Form 20, Enlisted Qualification Record, being actively
maintained on the FSM's transfer to the Retired Reserve shows his date of
birth, in Item 3 (Date of Birth of Soldier), as 15 June 1922.

11.  The FSM completed a DD Form 398, Statement of Personal History, on
21 April 1964.  In item 5 (Date of Birth), of this form, the FSM entered
the date 22 June 1922.

12.  The FSM's DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, with a date of separation of 31 May 1964, shows the
FSM's date of birth, in item 6 (Date of Birth), as 22 February 1922.

13.  On 11 May 2005, a DD Form 215, Correction to DD Form 214, Certificate
of Release or Discharge from Active Duty, was prepared by the National
Archives and Records Administration (NARA).  A correction to item 6 of the
DD Form 214 that was issued on 31 May 1964 was made.  The FSM's date of
birth was changed from 22 February 1922 to 20 February 1922.

14.  The certificate of birth the applicant submitted shows the FSM's date
of birth, as recorded by Edgecombe County, North Carolina, to be 10 June
1922.

15.  The certificate of death the applicant submitted shows the FSM's date
of birth to be 10 June 1922.
16.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.  The instruction, in this regulation for the
completion of Item 6, of the form, is termed to be, "Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army of the United States on 15
January 1943.  On the date of his induction, his date of birth was recorded
on all official Army records as 20 February 1922.

2.  The FSM's date of birth was consistently shown on Army records as
20 February 1922 until 30 October 1948.  After this date, three other dates
– 15 June 1922, 22 February 1922, and 22 June 1922 - were used, by the FSM
and the Army, as the FSM's date of birth on official Army records related
to him, to include reenlistment and separation documents.

3.  At no time was the FSM's actual date of birth, as recorded in the
Edgecombe County, Register of Deeds, ever used by him or by the Army.  It
is logical to believed that at the time the FSM registered for service,
under applicable selective service laws in effect at the time of his
registration, he did not have a copy of his birth certificate available;
he relied on and reported what it is believed he had been told was his
date of birth.

4.  On 11 May 2005, a correction to the FSM's date of birth was made and
recorded on a DD Form 215; however, it appears that this correction was
made based on the date of birth that appeared on the majority of the
documents reviewed and the date of birth the FSM reported as his date of
birth on his induction into the Army of the United States on 15 January
1943.  The date of birth the FSM's records were corrected to was incorrect.

5.  Despite the above, correction of the applicant's date of birth will not
result in an unfair advantage in favor of the FSM or the FSM's widow
insofar as any
benefits are concerned; therefore the FSM's date of birth will be corrected
to reflect the date, 10 June 1922, as the FSM's date of birth based on the
newly provided documents submitted by the FSM's widow.

BOARD VOTE:

_LB ____  __LWR___  _Kan___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  voiding the DD Form 215, which contains an incorrect date of birth
for the FSM, that was prepared by NARA on 11 May 2005; and

      b.  correcting the FSM's date of birth in his service personnel
records to reflect the date 10 June 1922.  The correct date of birth, 10
June 1922 will be promulgated through preparation of an appropriate
document to correct the FSM's date of birth on the last issued DD Form 214,
with an effective date of separation of 31 May 1964.




                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009719                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060314                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.   3                  |100.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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