MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 October 2002
	DOCKET NUMBER:   AR2002076177

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his military records be changed to show his correct date of birth (DOB).

APPLICANT STATES:  In effect, that the date of birth of 10 April 1940 that is currently listed in his separation document (DD Form 214) is incorrect.  In support of his application, he submits a copy of his birth certification card, copies of his separation documents from the Regular Army (DD Form 214) and the Army National Guard (NGB Form 22).

EVIDENCE OF RECORD:  The applicant's military records show:

On 24 April 1957, the applicant entered the Regular Army (RA) for 3 years.  An  United States Armed Forces Consent Declaration of Parent or Legal Guardian (DD Form 373), prepared on 22 April 1957 during the applicant’s enlistment processing, lists his DOB as 10 April 1940, and shows that this DOB was verified by a birth certificate.  This document contained the signatures of the applicant’s parent or legal guardian, the applicant, and the recruiter.  

On 14 December 1959, the applicant was separated for the purpose of immediate reenlistment, and on 15 December 1959, he reenlisted for 6 years.  The DOB listed in Item 15 (Date of Birth) of the Enlistment Record (DD Form 4) listed his DOB as 10 April 1940.  The applicant signed this document in Item 38 (Signature of Applicant) attesting to the fact that all the information contained on the form was correct.  The DD Form 214 issued to him upon this separation lists his DOB as 10 April 1940 in Item 6 (Date of Birth).  He authenticated this document with his signature in Item 34 (Signature of Person Being Separated), thereby verifying that the information contained in the separation document was correct at the time it was issued.  

The applicant continued to serve on active duty until 30 April 1966, at which time he was honorably discharged after completing a total of 9 years and 7 days of active military service.  The DD Form 214 issued to the applicant on 
30 April 1966 also listed his DOB as 10 April 1940 in Item 6 (Date of Birth). 

On 22 August 1976, the applicant entered the Army National Guard (ARNG).  He served for 1 year until being honorably discharged on 21 August 1977.  The NGB Form 22 issued to him upon his discharge listed his DOB as 10 April 1940 in Item 4 (Date of Birth).  The applicant also authenticated this document with his signature in Item 21 (Signature of Person Being Separated), which confirmed that the data contained in the separation document was correct at that time.  

The applicant provides an unofficial copy of a birth certification card from the South Carolina Department Of Health and Environmental Control, Columbia, South Carolina. This card indicates that his DOB is 22 October 1941.  
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the contention of the applicant that his military record should be corrected to show his DOB as 22 October 1941, but finds insufficient evidence to support this action.  

2.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, the evidence of record confirms that the DOB listed in the applicant’s record was the one verified upon his initial enlistment.  The DOB was contained in a parental consent form signed by the applicant’s parent or legal guardian, the applicant, and the recruiter.  Further, it was verified by a birth certificate presented at the time.  

3.  In addition, the DOB recorded in his enlistment contract was also contained in the personnel records created upon his enlistment, and in all orders and documents published throughout his tenure on active duty.  This included two properly constituted separation documents, which he authenticated with his signature.  Further, the applicant used the same DOB when he entered the ARNG in 1970.  All the records maintained for this period of service also list the DOB recorded upon his initial entry into military service.  Therefore, the Board finds that the applicant has failed to provide sufficient evidence to support changing the DOB contained in his military records.  Consequently it finds the requested relief is not warranted. 

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which lists the DOB he now claims is correct, will be filed in his Official Military Personnel File (OMPF).  This will document his claim of record error in regard to his DOB, and should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and the one he now claims is correct.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL__  __MVT__  ___RTD__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002076177	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.