MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           7 October 3002     
		DOCKET NUMBER:  AR2003086102

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Robert Duecaster		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 DD Forms 214 (Report of Separation from the Armed Forces of the United States) be corrected to        show his middle name as Earl and his date of birth as 11 March 1940.

APPLICANT STATES:  The applicant makes no additional statement.  As supporting evidence he provides his Certificate of Live Birth (which shows his name as James Earl B___ and his date of birth as 11 March 1940); his Alabama Driver License which shows his date of birth as 11 March 1940; and his Medicare Health Insurance Card which shows he was entitled to Part A and Part B effective 1 August 2000.

EVIDENCE OF RECORD:  The applicant's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from his DD Form 214 for the period ending       17 March 1953, his DD Form 214 for the period ending 1 June 1955, and the documents provided by the applicant.

The applicant entered active duty from the Enlisted Reserve Corps on 10 June 1951 after having had 4 months and 5 days of prior service (making an enlistment date of about 5 February 1951).  He was honorably released from active duty on 17 March 1953.  His DD Form 214 for the period ending 17 March 1953 shows his middle name as Edward and his date of birth as 19 January 1926.  He signed this DD Form 214 as James E. B___.

The applicant enlisted in the Regular Army on 11 October 1954 and was honorably discharged for the convenience of the Government on 1 June 1955.  His DD Form 214 for the period ending 1 June 1955 shows his middle name as Edward and his date of birth as 19 January 1926.  He signed this DD Form 214 as James E. B___.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

The Internet site www.medicare.gov states that, generally, Medicare is available for people age 65 and older.

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.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The Board notes that both of the applicant's DD Forms 214 show his middle name as Edward and he signed both of them.  Although the Certificate of Live Birth provided by the applicant shows his middle name to be Earl, his records are not available and it cannot be determined what middle name was entered on his enlistment documents.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so a record of his middle name will be on hand.

3.  The Board does not accept the evidence provided by the applicant as sufficient to grant his request regarding the change to his date of birth.

4.  The Board notes the evidence of record shows the applicant enlisted in the Enlisted Reserve Corps around 5 February 1951.  A date of birth of 10 March 1940 would have meant he enlisted in the Enlisted Reserve Corps while he was still 10 years old and in the Regular Army when he was 14 years old.  The applicant provides no explanation of why he signed two DD Forms 214 with such a major discrepancy in the date of birth on those documents.  

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __sp____  __rd____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086102	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.