PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           31 October 2000                  
	DOCKET NUMBER:   AR2000045712

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi 		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, in effect, correction of his military records to show that his date of birth was 13 August 1938, instead of 13 August 1937. 

3.  The applicant states, in effect, that his date of birth and name were not correct on his birth records at the time of his enlistment.  He contends a new birth certificate was issued by the State of South Carolina after intense research and that his name was legally changed in May 2000.  In support of his application, he submits a copy of his birth certificate and a court document which legally changes his name.

4.  The Board notes that the applicant’s military records show the same full name he legally changed it to in May 2000.

5.  The applicant’s military records show that he completed over 20 years of active duty on 30 November 1975 when he retired in the rank of sergeant first class.

6.  DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 23 June 1955, shows the applicant’s date of birth as 13 August 1937.  

7.  DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 
20 June 1955, shows that a birth affidavit was used to verify the applicant’s date and place of birth at the time of his enlistment.   

8.  The applicant provided a birth certificate which shows his date of birth as
13 August 1938. 

CONCLUSIONS:

1.  The applicant’s date of birth was incorrectly entered on his military records.

2.  His birth certificate confirms that he was born on 13 August 1938.  Therefore, the applicant is entitled to correction of his military records to show his date of birth as 13 August 1938.

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 be corrected by showing that the individual concerned was born on 13 August 1938.

BOARD VOTE:  

EJA____  ALR____  BFH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elzey J. Arledge________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045712	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19751130	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.