IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120013099 


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 6 June 1925.

2.  He states his DOB is incorrectly shown on his DD Form 214.  His birth certificate shows a DOB of 6 June 1925.

3.  He provides copies of his birth certificate and DD Form 214.

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 record shows he enlisted in the Regular Army on 4 May 1955 with prior U.S. Air Force and U.S. Army Reserve enlisted service.  He reenlisted in the Regular Army on 2 March 1967.

3.  His record contains:

* DA Form 632 (Enlisted Reserve Corps Qualification and Availability Questionnaire), dated 12 August 1952, which shows his DOB as 8 June 1925
* DD Form 398 (Statement of Personal History), dated 3 February 1964, which shows his DOB as 8 June 1925
* DA Form 20 (Enlisted Qualification Record), audited on 24 February 1971, which shows his DOB as 8 June 1925

4.  He was honorably retired on 31 March 1971.  Item 9 (DOB) of his DD Form 214 lists his DOB as 8 June 1925.

5.  He provides a copy of State of Texas, Delayed Certificate of Birth, issued on 17 February 1971.  The certificate shows an individual with the same name as the applicant was born on 6 June 1925.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  All documents contained in the applicant's record show his DOB as 8 June 1925.  There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his DD Form 214.  For historical purposes, the Army has an interest in maintaining the consistency of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  While his desire to have his DD Form 214 changed to show the DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records.  A copy of this decisional document will be filed in his military records for reference purposes.

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)                                         AR20120013099



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ABCMR Record of Proceedings (cont)                                         AR20120013099



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