PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          3 February 1999     
	DOCKET NUMBER:   AC98-09039
				   AR1999016836

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 DD Form 214 of 21 September 1973 be changed to show the correct spelling of his first name, to reflect a different date of birth and home of record than that shown, to indicate that he had 12 years of school, and to show that he completed an NCO academy.  

3.  The applicant states that the spelling of his first name is Burrell, not Berrell, as reflected on the referenced DD Form214.  He also states that his date of birth is 7 October 1946, not 7 October 1947, and that his home of record is Marshall, Texas, not Shreveport, Louisiana; and that Marshall has always been his residence both before and after his service.  He states that he is a former enrolled veteran for educational training under the GI bill from the Houston VA regional office, and that he completed the NCO academy at Fort Hood, Texas.

4.  The applicant’s military records show that he enlisted in the Army on 
21 June 1967 for three years.  His DD Form 4 (Enlistment Record) shows that the spelling of his first name is Burrell, as the applicant has stated, and documents subsequent to that enlistment date also show that spelling.  The   
DD Form 4 shows his date of birth being 7 October 1947 and his place of birth as Marshall, Texas.  It shows his place of enlistment as Shreveport, Louisiana.  The applicant authenticated this document by affixing his signature.

5.  He was discharged on 23 September 1969 at Fort Hood, Texas in order to immediately reenlist.  His date of birth on this DD Form 214 shows 
6 October 1947.  His home of record is shown as an address in Shreveport.  This form shows that he had 12 years of civilian education.  His new enlistment contract (DD Form 4) which he executed on 24 September 1969 shows his date of birth as 6 October 1947 and his home of record as Shreveport.

6.  Documents completed by the applicant, a DD Form 398 (Statement of Personal History, on 19 August 1970, a DD Form 369 (finger print card), a       DA Form 428 (Application for ID Card), on 26 January 1973, all show his date of birth as 7 October 1947.  A National Agency Check Request shows his date of birth as 7 October 1947.  
 
7.  An order discharging him from active duty on 21 September 1973 shows the place that he entered on active duty as Shreveport and his home of record as Marshall.

8.  In requesting records from the National Personnel Records Center on          10 February 1998 the applicant indicated that his date of birth was                       7 October 1947.  Other documents that the applicant has completed shows that date as his date of birth.

9.  There is no evidence in the applicant’s records to show that he completed or attended an NCO academy. 

10.  The applicant was discharged on temporary records and his affidavit, on       21 September 1973 at Fort Hood, Texas.  His date of birth on his DD Form 214 is shown as 7 October 1947, and his home of record at time of entry into active service is shown as an address in Shreveport.  That form shows that he had     12 years of school.  It does not show that he completed an NCO academy.  His name, Berrell, on that form is misspelled.  The applicant had 6 years, 2 months, and 1 day of service, and 45 days of lost time.    

CONCLUSIONS:

1.  The applicant’s given name on his 21 September 1973 DD Form 214 should be changed from Berrell to Burrell.  All the evidence in his records show “Burrell” to be the correct spelling of his first name.

2.  On the other hand, the overwhelming preponderance of evidence in his records shows that his date of birth as being 7 October 1947, and his home of record at the time of his entry into active service as an address in Shreveport, Louisiana, as indicated on his DD Form 214.  The applicant has not submitted any information or probative evidence to indicate otherwise.  These two data elements on his 21 September 1973 are therefore considered correct. 

3.  His DD Form 214 does show that he has 12 years of school.  Consequently, there is no need for the Board to further address this matter.

4.  The applicant has provided no evidence nor is there any evidence in his records to indicate that he completed an NCO academy during his years of service.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the spelling of his given name on his 
21 September 1973 DD Form 214 be corrected to read “Burrell”, vice “Berrell”.

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

BOARD VOTE:  

__sac___  __fkm___  __mdm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09039/AR1999016836	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 100.01		
2. 100.02		
3. 100.00		
4. 100.07		
5.		
6.