PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 May 2000                   
	DOCKET NUMBER:   AR1999031483

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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 birth date on his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected.

3.  The applicant states that he was born on 29 January 1920, not 29 January 1924.  He needs the correction for social security and future benefits.  He provides a copy of his birth certificate as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 20 April 1944.  He was separated  on         25 April 1946.  His WD AGO Form 53-55, shows his date of birth as 29 January 1924.

6.  The provided birth certificate is a xerox copy of a North Carolina State Board of Health Certificate of Birth filed in July 1920 and showing the xeroxed impression of a raised seal.  The birth certificate shows the applicant was born on 29 January 1920.

CONCLUSIONS:

1.  While the Board would normally want to see an original birth certificate with a raised seal before accepting it as evidence, it accepts the document provided as evidence that the applicant was born in 1920.  The Board concludes it would not be to his benefit to falsify his date of birth at this point in time since he should be receiving all social security benefits to which he is now entitled whether he was born in 1924 or 1920.  

2.  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 amending the applicant’s WD AGO Form 53-55 to show he was born on 29 January 1920.

BOARD VOTE:  

__rvo___  __jma___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031483	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.