MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 February 1999                   
	DOCKET NUMBER:   AC98-11685
                                              AR1999015612

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Correction of his date of birth.  He also requests that his DD Form 214 (separation document) be corrected to show his date of separation from active duty as 22 July 1963 vice 11 July 1963.   

APPLICANT STATES:  That his date of birth is 2 June 1946 – not 3 January 1946 as shown in his records.  He also states that his “incorrect” DD Form 214 causes him problems at all VA institutions.  

In support of his application he submits a copy of his passport and his driver’s license, both showing his date of birth as 2 June 1946.  He also submits a computer generated sheet of information from the Department of Veterans Affairs (VA), which shows, among other data, his date of birth as 2 June 1946.  It also shows he served in the Army from 19 April 1963 through 22 July 1963 and that he was honorably discharged.    

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 19 April 1963 for a period of 3 years with parental consent of his father.  His date of birth is shown on his enlistment documents and on the parental consent form signed by his father as 3 January 1946.   

He began basic training on 22 April 1963 at Fort Knox, Kentucky.  On 29 April 1963 the Orthopedic Service, Ireland Army Hospital, Fort Knox, Kentucky, informed the applicant’s commander that the applicant had been examined and found to have a physical defect which did not render him eligible for induction or enlistment.  It was recommended that administrative action to separate him be initiated.  

On 14 May 1963 a medical board convened at Ireland Army Hospital to evaluate the applicant’s medical condition.  The board found the applicant medically unfit for induction or enlistment due to residuals of severe club feet.  This condition was determined to be not in the line of duty, was congenital, existed prior to entry on active duty, and was not aggravated by active duty.  The board recommended that he be separated from the Army.   

Also on 14 May 1963 the applicant acknowledged his right to apply for separation from the Army by reason of erroneous enlistment because of not meeting the medical fitness standards at the time of enlistment or to be retained in the Army to complete the period for which he enlisted.  The applicant declined separation. 

On 12 June 1963 his commander recommended his separation for unsuitability under the provisions of Army Regulation 635-209.  As the basis for his recommendation the commander stated that since electing to remain in the Army, the applicant had shown that he was untrainable and unsuitable.  His equipment was never up to standards.  He could not accept or obey orders.  He feigned sick, in that he laughed and joked and put on limps which did not exist.  Each time he heard that the company was marching to the field, he went on sick call.  Also, he did not perform well with the other members of his platoon and company.   

The applicant declined counsel, declined consideration of his case by a board of officers and did not submit a statement in his own behalf.  Subsequently, his discharge was approved by the appropriate authority, and he was discharged on 11 July 1963 with a general, under honorable conditions, discharge.  He had completed 2 months and 23 days of active service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant has submitted several documents supporting his contention that he was born on 2 June 1946 rather than 3 January 1946 as shown in his military records.  

2.  However, these documents also confirm that his date of birth was misrepresented at the time he enlisted in the Army.  With a date of birth of 2 June 1946, the applicant was not eligible for enlistment in the Army on 19 April 1963 because he had not yet turned 17 years old, the legal age for entering military service with parental consent.  

3.  Also, his separation document refutes his contention and the information shown in the VA document he submitted that he served on active duty until 22 July 1963.  His separation document shows he was discharged on 11 July 1963 after completing only 2 months and 23 days of active service with a general, not a fully honorable discharge.  It is quite possible that the applicant is having problems with the VA because he served on active duty for less than 90 days.  However, this is a matter strictly for the VA and does not form a basis for changing his date of separation from the Army.   

4.  The Army has an interest in maintaining the integrity of its records.  Although the applicant has submitted evidence that his date of birth is incorrectly reflected in his records, he, himself, provided that information to the Army at the time of his enlistment.  As such, the records should remain as presently constituted.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID) AR1999015612	AC 98-11685	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990225	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.100.0200		
2.		
3.		
4.		
5.		
6.