RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 March 2008
DOCKET NUMBER: AR20070015785
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Frank C. Jones
Chairperson
Ms. Carmen Duncan
Member
Mr. Scott W. Faught
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 that his date of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states he was born in 1946, not 1948. He guesses he never looked at his discharge (document) until 8 October 2007, when he was looking into Department of Veterans Affairs benefits.
3. The applicant provides his DD Form 214; a copy of his birth certificate; and a copy of his driver license.
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 into the Army on 14 March 1968. All documents in his records, to include his DD Form 47 (Record of Induction), his DD Form 398 (Statement of Personnel History); his induction physical examinations; his DA Form 41 (Emergency Data Record); his DA Form 20 (Enlisted Qualification Record); and a DA Form 873 (Certificate of Clearance and/or Security Determination under EO (Executive Order) 10450) show his date of birth as 31 May 1948.
3. The applicant was honorably released from active duty on 15 October 1969. Item 9 (Date of Birth) on his DD Form 214 shows his date of birth as 31 May 1948.
4. The applicant provided a birth certificate that shows he was born on 31 May 1946.
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 that 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 its records in a manner that reflects the information it had at the time the records were created. 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 the applicant provided a birth certificate that shows his date of birth as 31 May 1946, all documents in his records show his date of birth as 31 May 1948.
3. The applicant appropriately served on and was released from active duty with a date of birth listed as 31 May 1948. While his desire to have the records changed is understandable, he has provided no basis for compromising the integrity of the Armys records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fcj___ __cd____ __swf___ 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.
____Frank C. Jones_____
CHAIRPERSON
INDEX
CASE ID
AR20070015785
SUFFIX
RECON
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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