RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 November 2007
DOCKET NUMBER: AR20070008352
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Ms. Laverne M. Douglas
Member
Mr. Michael J. Flynn
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 correction of his military records to show his correct date of birth (DOB).
2. The applicant states, in effect, that due to incomplete and incorrect birth records in Velzone, Mississippi, his DOB was recorded as 4 July 1942. After the Social Security Administration researched his records they determined that his correct DOB is 4 July 1939.
3. The applicant provides a three page Social Security Administration Statement, dated 28 May 2007.
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 applicant enlisted in the Regular Army on 2 November 1960 with a DOB of 4 July 1942.
3. All documents in the applicants service records show his DOB as 4 July 1942.
4. On 30 June 1981, the applicant retired. His DD Form 214 with the period ending 30 June 1981 shows his DOB as 4 July 1942.
5. The applicant provided a letter from the Social Security Administration that states their records indicated his DOB is 4 July 1939.
6. The applicant did not provide an official birth certificate issued by his State of birth to verify that his DOB is 4 July 1939.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. It appears the applicants DOB might have been 4 July 1939 at that time (although the letter from the Social Security Administration does not conclusively confirm this); he appropriately served in the Army and was discharged with a DOB of 4 July 1942. While the applicants desire to have the records changed is understood, there is no basis for compromising the integrity of the Armys records. This Record of is Proceedings will be filed in his military records so a record of his DOB will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ ___LMD __MJF __ 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.
___Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR20070008352
SUFFIX
RECON
DATE BOARDED
6 NOVEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
100.0200.0000
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6.
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