RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060013799 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

Member

	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 reconsideration of his request for correction of his military records to show his date of birth as 28 December 1944 instead of 
18 September 1942.

2.  The applicant states that he changed his date of birth to join the United States Army when he was 16 years of age and stayed in the service for over 20 years.

3.  The applicant provides a copy of his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050007228, on 20 December 2005.

2.  Army Regulation 15-185 (ABCMR) provides at paragraph 2-15a that if the ABCMR receives a request for reconsideration within 1 year of the ABCMR's original decision and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence or arguments that were not in the record at the time of the ABCMR's prior consideration.  If new evidence or argument has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence or argument is sufficient to demonstrate material error or injustice.  If no new evidence or argument is found, the ABCMR staff will return the application to the applicant without action.

3.  The applicant's assertion that he changed his date of birth in order to enlist at the age of 16 years is new argument that requires reconsideration. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant has shown by his statement that he willfully provided a false date of birth for the purpose of entering the military at an age younger than authorized.  He then remained in the service for more than 20 years.  There is no evidence to show that he ever attempted to correct his date of birth while still in the military.  

2.  The applicant has not provided any evidence to show that he has been harmed in any way as a result of his using a false date of birth.
3.  The applicant has not provided any argument to show that it is in the interest of the United States Army to change its records.

4.  In view of the above, the applicant's request should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_LE_____  __MJF __  __LMB __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20050007228, dated 20 December 2005.




__      Lester Echols______
          CHAIRPERSON




INDEX

CASE ID
AR20060013799
SUFFIX

RECON
 
DATE BOARDED
20070329 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.