IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009990 


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 date of birth (DOB) on his DD Form 214 (Report of Transfer or Discharge) to 29 August 1947.

2.  The applicant states his DOB is incorrect.

3.  The applicant 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 served in the Army National Guard from 23 February 1967 through 22 February 1973 with a period of active duty for training from 17 April 1967 through 19 August 1967.

3.  All of his enlistment documents show a DOB of 28 August 1947 as do the DD Form 214 and his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service).

4.  The copy of the birth certificate provided is of poor quality but appears to show a DOB of 29 August 1947; however the date could also be read as 28 August 1947. 

DISCUSSION AND CONCLUSIONS:

1.  The poor legibility of the DOB on the birth certificate is insufficient evidence to change the applicant’s record. 

2.  Further, 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 of record some 45 years after his DD Form 214 was issued would be insufficient to justify changing his military records as they were originally constituted.

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)                                         AR20140009990



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ABCMR Record of Proceedings (cont)                                         AR20140009990



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