RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2007
DOCKET NUMBER: AR20070005915
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Thomas A. Pagant
Chairperson
Mr. Eric N. Anderson
Member
Mr. Paul M. Smith
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 12 September 1962.
2. The applicant states, in effect, that his date of birth should be corrected on his DD Form 214 from 12 September 1961 to 12 September 1962.
3. The applicant provides a copy of his DD Form 214, NA Form
13038 (Certification of Military Service), and Certification of Birth from the Commonwealth of Pennsylvania Department of Health.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants primary military records were not available for review. Records available to the Board were obtained from a temporary file from the National Archives and Records Administration. The primary military personnel record available to this Board is the DD Form 214 submitted by the applicant.
3. The reconstructed personnel records show that he entered active duty on
8 April 1980. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 76Y1O (Unit Supply Specialist). The applicant was discharged on 6 February 1981 under the Expeditious Discharge Program with a General Discharge. He had completed
9 months and 29 days of active service.
4. Item 5 (Date of Birth) of the applicant's DD Form 214 show the entry
12 September 1961.
5. The Certification of Military Service that the applicant submitted shows that the applicant's date of birth is shown as 12 September 1961 and his place of birth is Pittsburgh, Pennsylvania.
6. The Certification of Birth from the Commonwealth of Pennsylvania Department of Health that the applicant submitted shows that the applicant's date of birth is shown as 12 September 1962 and the County of Birth is Allegheny.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of birth in item 5 of his DD Form
214 should be corrected from 12 September 1961 to 12 September 1962.
2. The applicant signed his DD Form 214 attesting that the information contained in that document was correct. His date of birth is listed on his DD Form 214 as 12 September 1961.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of a showing of material error or injustice, those records should not be changed.
5. In the applicant's case the records reflect the correct date of birth under which military service was performed.
6. While the applicant's desire to have the records changed is understood, there is no basis for compromising the integrity of the Army's records.
7. In view of the forgoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____tap__ ___ena__ ___pms_ 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.
_________Thomas A. Pagant_____________
CHAIRPERSON
INDEX
CASE ID
AR20070005915
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070913
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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