RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070009973
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. Curtis Greenway
Chairperson
Mr. Joe R. Schroeder
Member
Ms. Qawiy A. Sabree
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 his records be corrected to reflect his correct date of birth (DOB).
2. The applicant states, in effect, that his true date of birth is 5 February
1947 but his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the ending period 16 July 1971, incorrectly reflects the year of his birth as 1949.
3. The applicant provides a Georgia Department of Public Health, Delayed Certificate of Birth, from Atlanta, Georgia.
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 was inducted on 9 July 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). On 16 July 1971, he was honorably released from active duty.
3. Item 9 (Date of Birth) of the applicant's DD Form 214 shows 5 February 1949 and all documents in his service records show his DOB as 5 February 1949, to include his DD Form 47 (Record of Induction), dated 9 July 1969.
4. The applicant provided a copy of a Delayed Certificate of Birth, without a raised seal, which was issued by the State of Georgia. This document shows that the applicants date of birth was 5 February 1947. The document states, "Any reproduction of this document is prohibited. Do not accept unless embossed with a raised seal."
5. 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. Although it appears the applicants DOB might have been 5 February 1947 the State of Georgia Certificate of Birth he provided does not have a raised seal to conclusively confirm this. He appropriately served in the Army and was discharged with his DOB listed as 5 February 1949. 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 Proceedings will be filed in his military records so a record of his 5 February 1947 DOB, as listed on the copy of the State of Georgia Certificate of Birth, will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___CG ___ __JRS __ __QAS__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
___ Curtis Greenway _
CHAIRPERSON
INDEX
CASE ID
AR20070009973
SUFFIX
RECON
DATE BOARDED
15 JANUARY 2008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
100.0000.0000
2.
3.
4.
5.
6.
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