PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 December 1998                   
	DOCKET NUMBER:   AC98-12598

	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. JoAnn H. Langston		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Stanley Kelley		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 correction of his DD Form 214 to show his correct date of birth.  He also requests that his dates of entry and discharge be checked for accuracy.

3.  The applicant states that his date of birth is incorrect and provides a copy of his birth certificate as evidence.  He also believes that he served seven more days than his DD Form 214 shows.  

4.  The applicant’s military records show that he was commissioned a second lieutenant on 19 May 1953 and was ordered to active duty effective 25 May 1953.  Several documents on file show his date of birth as 14 December 1928.  One document on file shows the applicant was at Fort Hamilton, NY at least by 23 December 1953.  Orders from Fort Hamilton, NY dated 24 December 1953 show he was released from active duty on that date.

CONCLUSIONS:

1.  The applicant’s date of birth as shown on his DD Form 214 is incorrect.

2.  The evidence of record verifies the applicant’s dates of entry on active duty and discharge as shown on his DD Form 214 as being correct.

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected to show his date of birth as     14 December 1928.

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

BOARD VOTE:  

JHL____  JMA____  SK______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12598	
SUFFIX		
RECON		
DATE BOARDED	19981210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.