BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100024626 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 18 September 1941 instead of 1946.

2.  The applicant states he was born in 1941.

3.  The applicant provides his DD Form 214 and his birth certificate from the Province of Panama with translation.

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 record shows he was inducted into the Army of the United States on 7 April 1971.  The DD Form 47 (Record of Induction) prepared during his induction processing lists his DOB as 18 September 1946.

3.  In connection with this enlistment, he completed a DD Form 398 (Statement of Personal History) on 14 April 1971 and indicated his DOB was 18 September 1946.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty lists his DOB as 18 September 1946.

5.  He completed various forms during this period of enlistment, including an application for an identification card, fingerprint card, national agency check request, medical documents, and a security termination statement, and listed his DOB as 18 September 1946.

6.  He was honorably released from active duty on 6 April 1973 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 9 (DOB) of his DD Form 214 shows his DOB as 18 September 1946.

7.  He submitted a certificate of live birth issued on 8 March 1978 that shows his DOB as 18 September 1941.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's military records revealed that all records that required an entry for DOB show his DOB as 18 September 1946.

2.  For historical purposes, 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.  While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his service records.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his official records.

4.  In view of the above, the applicant's request should be denied.

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 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)                                         AR20100029733



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ABCMR Record of Proceedings (cont)                                         AR20100024626



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