RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 November 2003                  
	DOCKET NUMBER:   AR2003087946

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his proper place and date of birth.

2.  The applicant states that Item 5 (Place of Birth) of his DD Form 214 should read Hazelton, PA instead of Rockville Center, NY.  He further states that Item 6 (Date of Birth) of his DD Form 214 should read 21 January 1941 instead of 11 October 1939.

3.  The applicant provides copies of his certificate of birth and US Passport, each of which have been certified as true copies.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error that occurred on 31 July 1964.  The application submitted in this case is dated 11 March 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the New Jersey Army National Guard on 28 October 1963, for a period of six years.  He was ordered to active duty for training at Fort Dix, NJ on 29 February 1964 and was honorably released from active duty on 31 July 1964.

4.  While the applicant’s service personnel records are scant, the staff of the Board was able to review a sufficient number of documents to conduct a reasonable evaluation regarding the disparity in the applicant’s place and date of birth.  Thirteen documents, to include the two provided by the applicant, were reviewed.  The documents comprised a variety of types and ranged from a record of initial enlistment to final separation.  They also included a record of emergency data as well as various medical documents.  Each document contained an item, or other space, for the applicant’s place of birth, date of birth, or both.

5.  Of seven documents that indicated the applicant’s place of birth, two showed Rockville Center, NY, four reflected Hazleton, PA, and one showed simply the state of Pennsylvania.
6.  Of thirteen documents that indicated the applicant’s date of birth, four showed 11 October 1939 and nine showed 21 January 1941.

DISCUSSION AND CONCLUSIONS:

1.  During the review of the various documents, it was readily apparent that the differences in places and dates of birth of the applicant commenced upon his initial entry on active duty.  It was also apparent that when someone, other than the applicant, typed the date, it was entered as 11 October 1939.  When it was entered in what seems to be the applicant’s own hand writing, it was entered as 21 January 1941.  Also of note was that on three separate documents, it is obvious that the date of birth had been changed, with a pencil, pen, or typewriter correction tape, from 11 October 1939 to 21 January 1941.

2.  The staff of the Board contacted the Pennsylvania Bureau of Vital Statistics to verify the copy of birth certificate provided by the applicant.  The Bureau confirmed the applicant’s name, place of birth as Hazleton, PA, and date of birth as 21 January 1941.

3.  Based on the evidence in this case, the applicant is entitled to correction of his records to show his place of birth as Hazleton, PA and his date of birth as 21 January 1941.

BOARD VOTE:

____mdm  ___jns __  ____bje _  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual’s place of birth as Hazleton, PA and his date of birth as 21 January 1941. 

		_________John N. Slone_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087946	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.100.02		
2.		
3.		
4.		
5.		
6.