PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 May 2000                  
	DOCKET NUMBER:   AR1999030138

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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 that his DD Form 214 (Report of Separation from the  Armed Forces of the United States) be corrected to show that his date of birth is 9 February 1933 instead of 8 February 1933 and that his first and middle names be changed to his legal first name.

3.  The applicant states, in effect, that his date of birth is off by one day on his DD Form 214 and that he legally changed his first name and dropped his middle name in 1989.  In support of his application, he submits a letter of explanation dated 11 August 1999; a Certification of Birth; a Corrected Certificate and Record of Birth; a court document, dated 17 January 1989, which legally changes the applicant’s first name and drops his middle name; and a copy of his DD Form 214.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
19 July 1954.  He served as a finance clerk and was honorably discharged on 
18 June 1956.

5.  Item 1 (Last Name - First Name - Middle Name) on the applicant’s DD Form 214, which was authenticated in his own hand, shows his first name as “E____” and his middle name as “C___”.  Item 10 (Date of Birth) on the DD Form 214 shows the applicant was born on 8 February 1933.

6.  The applicant provided a copy of a court document, dated 17 January 1989, which shows he legally changed his first name and omitted his middle name. 

7.  The applicant provided a copy of a Certificate and Record of Birth, dated 
18 February 1933, which is a handwritten document.  This certificate was corrected in 1989 to show the applicant’s first name was changed by a court order.  However, the certificate also shows an unaltered handwritten entry of “2/9/33” in the Date of Birth block.

CONCLUSIONS:

1.  The applicant’s date of birth was incorrectly entered on his DD Form 214.

2.  His Certificate and Record of Birth confirms that he was born on 9 February 1933, not on 8 February 1933.  Therefore, the applicant is entitled to correction of item 10 (Date of Birth) on his DD Form 214. 

3.  The Board noted that the applicant legally changed his first name and omitted his middle name in 1989, approximately 33 years after his separation from the Army. 

4.  However, the applicant’s DD Form 214 shows that his first name was “E____” and his middle name was “C___” at the time of his separation from the Army.  Therefore, he is not entitled to correction of his first or middle names on his DD Form 214.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was born on 9 February 1933.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RVO____  JHK____  EWL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999030138	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19560618	
DISCHARGE AUTHORITY	AR 635-205  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	100.0100	
3.		
4.		
5.		
6.