PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 November 1999                   
	DOCKET NUMBER:   AR1998012478

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Hubert O. Fry, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his name and date of birth on his Report of Separation be corrected and that his graduation from high school be reflected on his Separation Qualification Record.

3.  The applicant makes no statement.  Supporting documentation is as listed on the DD Form 149.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from documents provided by the applicant.

5.  The applicant’s birth certificate shows his date of birth as 4 July 1925 and his name as R_____ K_____ Y_____.  The applicant enlisted in the Regular Army on 24 January 1946 and separated on 14 December 1948.  His DD Form 214 shows his date of birth as 4 June 1925 and his name as K_____ Y______.  He signed the report of separation K______ Y_______.  His Separation Qualification Record shows his highest civilian grade completed as the 9th grade.

6.  The applicant earned his high school diploma in 1964.

7.  Army Regulation 635-5 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. 

CONCLUSIONS:

1.  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.

2.  Although the applicant’s personnel records are not available, the Board concludes that an administrative, typographical error was made in recording the applicant’s date of birth on his Report of Separation.  

3.  Although the applicant’s birth certificate shows his name as R_____ K_____ Y_____ and his Report of Separation shows it as K_____ Y_____, he signed his Report of Separation K______ Y______.  The Army presumes this was the name on his enlistment documents and the name he used throughout his Army service. In the absence of evidence to the contrary, this Board is reluctant to recommend that his DD Form 214 be changed.

4.  The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  Since the applicant did not complete high school until after his separation, it is not appropriate to change his records to show he completed high school.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the applicant’s date of birth to read 4 July 1925.

2.  That the applicant be furnished a DARP Form 3069 (Transcript of Military Records) showing the current name.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__eb____  __aao___  __hof___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elizabeth Buchanon
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012478	
SUFFIX		
RECON		
DATE BOARDED	19991104	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.00	
3.		
4.		
5.		
6.