PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AC98-12087
				   AR 1999015186

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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 3 December 1938 be listed as his correct date of birth (DOB) on his DD Form 214 (separation document).

3.  The applicant states that the DOB listed on his DD Form 214,
9 January 1936 is incorrect.  In support of his contention he submits a certificate of birth from the Commonwealth of Puerto Rico certifying his date of birth as
3 December 1938.

4.  The applicant’s military records were lost and destroyed in the fire that occurred at the Personnel Center in 1973.  His DD Form 214 shows that he was inducted into the Army on4 March 1955 for a period of 2 years.  He was awarded military occupational specialty 111.00 (Light Weapons Infantryman).  His highest rank attained was private (E-2).

5.  Upon the expiration of his term service of service on 8 March 1957, the applicant was honorably released from active duty and transferred to the USAR Control Group.  He had served 2 years and 5 days of creditable active service.  He was retained 5 days for the convenience of the government.  His DD Form 214 listed his DOB as 9 January 1936.

CONCLUSIONS:

1.  The DOB (9 January 1936) listed on the applicant’s DD Form 214 is incorrect.

2.  The applicant’s correct DOB is 3 December 1938, as verified by his birth certificate.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case, particularly the DD Form 214, be corrected by showing 3 December 1938 as the DOB of the individual concerned. 

BOARD VOTE:  

____X____  ____X____  ____X____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
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.