PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 March 2000
	DOCKET NUMBER:   AR1999030242

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 records be corrected to show his correct date of birth (DOB) and his additional specialty as a duty soldier.

3.  The applicant states, in effect, that his report of separation (WD AGO Form 53-55) incorrectly reflects his DOB as 31 December 1920 when in fact his DOB is 31 December 1921.  He further states that he had a specialty of a duty soldier and it was unjustly omitted from his WD AGO Form 53-55 at the time of separation.  In support of his application he submits a copy of his WD AGO Form 53-55, a copy of his birth certificate and social security account number card, and a copy of his separation qualification record (WD AGO Form 100) which shows that he was also a duty soldier.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the documents submitted by the applicant show that he enlisted in the Army National Guard on 9 October 1939 and entered active duty on 16 September 1940 as a bandsman/Saxophone player.  He served in the Asiatic-Pacific Theater from 10 April 1942 to 6 May 1945 when he was returned to the United States for separation.  His records also indicate that he had a secondary specialty of a duty soldier.

5.  On 15 June 1945 he was honorably discharged in the rank of Tec5 at Camp Beale, California.  His WD AGO Form 53-55 indicates that his military occupational specialty (MOS) was that of a bandsman/Saxophone player and his DOB was 31 December 1920.  The applicant authenticated he form with his signature at the time of discharge.

6.  The birth certificate provided by the applicant shows that the applicant was born on 31 December 1921.

7.  Department of the Army Technical Manual 12-235, in effect at the time, provided the criteria for preparation of the WD AGO Form 53-55.  It states, in pertinent part, that only the primary MOS will be entered on that form at the time of separation.  In cases where an individual does not have a primary MOS in which they are qualified, the primary specialty of a duty soldier will be entered.

CONCLUSIONS:

1.  Although the applicant has not provided an explanation as to why his DOB is incorrect on his report of separation, he has provided sufficient evidence to show that it is incorrect and therefore it would be appropriate to correct it at this time.

2.  However, in regards to adding an additional specialty to his report of separation; the Board finds that his primary specialty was correctly entered on that form and there is no regulatory basis to enter another specialty.  Therefore, that portion of his request cannot be approved.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the DOB of the individual concerned as 31 December 1921 instead of 31 December 1920 as currently reflected.

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

BOARD VOTE:  

__mkp___  __rvo ___  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030242	
SUFFIX		
RECON		
DATE BOARDED	2000/03/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021 	100.0000/CHG DOB	
2.		
3.		
4.		
5.		
6.