MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  23 February 2000
	DOCKET NUMBER:   AR1999028623

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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:  That his date of birth (DOB) shown in his military records be corrected.

APPLICANT STATES:  That at the time of his enlistment in the Armed Forces his DOB was incorrectly reported as 1 July 1934.  His correct DOB is 5 June 1935 as shown on the South Carolina birth certificate card he provides.  He is concerned that his entitlements to future Social Security benefits may be adversely affected by this error.

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

He enlisted and entered active duty on either 9 October 1952.  He was trained as a vehicle mechanic and continued on active.  He was promoted to grade E-6 effective 25 May 1967 and was discharged on 17 December 1970 with over 18 years of service.  He reenlisted on 19 April 1973 and was separated from active duty and transferred to the Retired Reserve on 28 February 1975 with 20 years and 20 days service.

All of the applicant’s records reflect a DOB of 1 June 1934 including all of his DD Form’s 214, his qualification records, and his data for retired pay, all of which were signed by the applicant.  Additionally his own statement of personal history, prepared in his own handwriting, shows a DOB of 1 June 1934.  NOTE:  After reviewing the available records an administrative error was noted on the DD Form 214 which was effective 17 December 1964.  Block 19c. shows a date of entry of 21 February 1959 when, based on the service covered, the date should clearly be 10 November 1954.

The document provided by the applicant (COPY ATTACHED) is a photocopy of a South Carolina, Division of Vital Records form which states that it is a true certification of name and birth facts recorded in that office.  The card shows the applicant’s first and last name but no middle name or initial as found throughout his military records.  It reflects a date of birth of 5 June 1935 and an issue date of 11 July 1937.  This photocopy was provided from the records of an installation retirement services office but has no raised seal and is not an original document.

Army Regulation 615-105-1 provided the policy for enlistment in the Regular Army.  The regulation in effect at the time of the applicant’s initial enlistment stated that an applicant who is 17 years of age and has not reached his 18th birthday will be required to provide the written consent of both parents or legal guardian.  Additionally, the same consent was required for any initial extension or reenlistment.  There is no evidence of record that the applicant’s parents or legal guardian were required to sign consent documents for his enlistment.

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 enlisted in October 1952, retired in February 1975, and now applies to this Board to correct his DOB that he says was incorrect for his entire 20 year Army career and for the 24 years since his retirement.

2.  The document provided by the applicant as proof that his DOB is incorrect in his military records lacks the necessary credibility.  It does not contain his middle name or initial and it is not an official document from the state of South Carolina.

3.  If the applicant’s DOB of 5 June 1935 is accurate, he would have been ineligible to enlist in October 1952 and his enlistment would be viewed as fraudulent.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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.

NOTE:  The Review Boards Agency Support Division in St. Louis should have a DD Form 215 issued for the applicant’s DD Form 214, effective 17 December 1964.  Block 19c. of the DD Form 214 should be corrected to read 10 November 1954 as the correct date of entry for that period of service which covered 10 years, 1 month, and 7 days service.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RO___  __EB___  ___RW__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028623	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.02	
2.		
3.		
4.		
5.		
6.