IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100013798 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his date of birth (DOB) as 2 January 1936 vice 3 January 1936.

2.  The applicant states he grew up thinking his birthday was 3 January 1936, but his birth certificate states that it is 2 January 1936.

3.  The applicant provides copies of his DD Form 214 and his Mississippi State Board of Health Standard Certificate of Birth.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 25 February 1955.  Item 15 (Date of Birth) shows the entry 3 January 1936.

3.  The applicant's record contains a Standard Form 89 (Report of Medical History), dated 27 December 1957, which shows his DOB as 3 January 1936.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his DOB as 3 January 1936.

5.  On 31 July 1975, the applicant retired honorably after serving on active duty for a total 20 years and 20 days.  The applicant's DD Form 214 shows 3 January 1936 in item 4 (Date of Birth).

6.  The applicant provides a copy of his Mississippi State Board of Health Standard Certificate of Birth that shows a DOB of 2 January1936.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214 and stated that the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.

8.  Army Regulation 635-5, section III, contains guidance on the preparation of the DD Form 214.  It provides that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20, DD Form 4, and Standard Form 89 show his DOB as 3 January 1936.  He provides a certificate of birth showing his DOB as 2 January 1936.  

2.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary there is no basis for changing the applicant's DOB in this case.  However, this Record of Proceedings, along with his application and supporting documents, will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the different dates in his DOB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X____  _____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100013798



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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