PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           18 July 2000                   
	DOCKET NUMBER:   AR1999034091

	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 H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Ms. Margaret V. Thompson 		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 correction of his military records to show his correct birth date.    

3.  The applicant states, in essence, that his actual birth date is 30 May 1943, not 30 May 1945.  He states that several documents he has received from the United States Army Reserve (USAR), to include his most recent Chronological Statement of Retirement Points (DARP Form 249) and his USAR Identification Card show the incorrect birth date.  Earlier versions of the DARP Form 249 show the correct birth date.  

4.  The applicant’s military records contain a copy of a United States of America Passport which shows that he was born in Trinidad and Tobago on 30 May 1943.

5.  The applicant initially enlisted in USAR for 6 years on 30 April 1974, at age 
30.  His DD Form 4, in item 21, shows his birth date as 30 May 1943.  

6.  He completed an initial active duty for training (IADT) tour of 4 months and 
2 days from 29 May to 27 September 1974.  His DD Form 214 (Report of Separation from Active Duty) shows his birth date in item 4 as 30 May 1943.  He was trained in and awarded military occupational specialty (MOS) 76Y20 (Unit Supply Clerk).  

7.  A review of other forms in his records continue to show his birth date as 
30 May 1943, to include a reenlistment contract, dated 1 September 1977.  However, three subsequent reenlistment contracts, DD Forms 4/1 issued on August 1980, 29 May 1986 and 29 March 1992 all show his birth date as 30 May 1945.

8.  On 23 August 1994, he was issued a memorandum from the Army Reserve Personnel Center, SUBJECT:  Notification of Eligibility for Retired Pay at Age 
60 (20 Year Letter).  This memorandum essentially states that, upon request, he will be eligible for retired pay from the USAR at age 60.  

9.  On 1 July 1997, the applicant was transferred to the Retired Reserve due to non-participation.  His rank was shown as sergeant, pay grade E-5.

CONCLUSIONS:

1.  While his records do not contain a copy of his birth certificate, his records do contain a copy of a United States of America Passport, issued by the Department of State.  This document is considered a substitute for a birth certificate and shows that his correct date of birth is 30 May 1943.

2.  Further, while some of his key documents in his records, to include his first two reenlistment contracts and his DD Form 214 issued at the time of the completion of his IADT period, correctly show his date of birth as 30 May 1943, at least three other reenlistment documents show an incorrect birth date of 30 May 1945.  He also has informed the custodian of his military records and the Army Reserve Personnel Command (AR-PERSCOM) that a Chronological Statement of Retirement Points and a USAR identification card contain the incorrect birth date.  

3.  Since there is some question in his records, and he will be eligible to request retired pay from the USAR in May 2003, correction of his military records is essential to insure that he receives his retirement benefits beginning at age 60. 

4.  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 that the birth date of the individual concerned is 30 May 1943.  

BOARD VOTE:  

__gdp___  ___eb___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR1999034091	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.02	
2.		
3.		
4.		
5.		
6.