BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120004890 


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 records be corrected to show a date of birth of 11 May not 11 March.

2.  The applicant states a birth certificate from the Puerto Rico Department of Health, issued 2 December 2000, shows his date of birth as in May not March.

3.  The applicant provides copies of a birth certificate and five DD Forms 214 (Report of Transfer or Discharge).

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 was inducted on 9 September 1958 and served for 20 years, 9 months, and 22 days, retiring as a sergeant first class on 30 June 1979.
3.  All documents contained in his official military record that show a date of birth show a birth month of March.  

4.  On 27 April 2009, the applicant requested that his records be corrected to show a birth month of May.  He was erroneously advised that his records showed a birth month of May and his request was closed without Board action.

5.  On 2 December 2000, the Puerto Rico Department of Health issued the applicant a birth certificate showing a birth month of May.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation.  The fact that the applicant wants to change his date of birth some 20 plus years after his military service ended is insufficient to justify changing his military records, as they were originally constituted.  

2.  A copy of this decisional document, which shows his date of birth as 11 May, will be filed in his Official Military Personnel File.   

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)                                         AR20120004890





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004890



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1