MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 July 2002
	DOCKET NUMBER:   A2002071366

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. prater		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Gail J. Wire		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:  In effect, that his military records be corrected to show his date of birth (DOB) as 13 March 1940.

APPLICANT STATES:  In effect, that the date of birth of 13 March 1938 that is currently listed in his separation document (DD Form 214) is incorrect.  In support of his application, he submits copies of the following documents:  a letter from the Trident Public Health District, North Charleston, South Carolina, certifying that a statewide records check failed to produce his birth certificate; his high school record; his son’s birth certificate; a National Agency Check Request (DA Form 1584), dated 5 June 1969; and a social security statement, dated 
26 December 2000. 

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

On 31 March 1975, the applicant was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years and 14 days of active military service.  

The DD Form 214 issued to and signed by the applicant on the date of his separation confirms that at the time of his separation he held the rank of chief warrant officer two/W-2.  In addition, the DOB entered in this separation document is 14 March 1938, and it is consistent with the DOB documented in three previously issued DD Forms 214, the service record created upon his enlistment, and in the records and documents prepared and published throughout his tenure on active duty.  

The applicant provides a certification letter from the Trident Public Health District, North Charleston, South Carolina.  This document indicates that a statewide search of birth records from the year 1930 through 1949 was made, and that no record of the applicant’s birth exists.  He also provides a copy of his school record, his son’s birth certificate, a National Agency Check Request (DA Form 1584), and a social security statement, which all indicate his DOB was 
13 March 1940.

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 Board notes the contention of the applicant that his military record should be corrected to show his DOB as 13 March 1940, but finds insufficient evidence to support this action.  In order to authorize a change to the applicant’s military records, at a minimum an original certified true copy of his birth certificate with an unaltered raised seal that confirms the correct DOB would have to be provided, and it would have to be confirmed that the DOB recorded in his record was entered in error. 
2.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, the applicant acknowledged that the DOB listed in his records was the one under which he served, and further he has failed to provide sufficient evidence to support changing his DOB.  Consequently, the Board finds insufficient evidence to support granting the requested relief.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JLP__  __HOF__  __GJW__    DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001071366	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.