RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017908 


	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

Ms. Joyce Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise Prendergast

Member

Mr. Donald Lewy

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 birth date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states, in effect, that the birth date shown on his DD Form 214 is incorrect. 

3.  The applicant provides a copy of his DD 214; a copy of a Certificate of Live Birth, dated 29 September 1989 and 10 March 2003; a copy of his Certification of Birth; a copy of his US passport; a copy of his Illinois Drivers License; and a copy of his Social Security Card, in support of his request. 

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's record shows he enlisted in the Regular Army on 1 October 1979, with prior military service.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to sergeant (SGT/E-5) effective 3 February 1985.  He served until he was discharged under honorable conditions on 15 December 1987.

3.  Item 5 (Date of Birth), of the applicant's DD Form 214, shows the entry "580723" (23 July 1958).

4.  Item 7, (Date of Birth), of the applicant's DA Form 2, Personnel Qualification 
Record, Part 1, shows the applicant's date of birth as "580723" (23 July 1958).




5.  Item 7 (Date of Birth), of his DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 2 July 1981, shows his date of birth upon entry on active date as 32 July 1958 [sic 23 July 1958].  

6.  The applicant's records contain another copy of his DD Form 4/1, dated 2 July 1981.  Item 7 shows the entry "32" which was lined through and the entry "23" was handwritten in to show the correct date.

7.  Item 6 (Date of Birth), of his DD Form 4/1, dated 4 June 1987, shows his date of birth as 23 July 1958.

8.  A review of the applicant's record consistently shows that he utilized "23 July 1958" as his date of birth.

9.  The applicant provided a copy of his certified Certificate of Live Birth, dated 29 September 1989 and 10 March 2003, that was issued by the Mississippi State Department of Health, Vital Records, which shows his date of birth as 23 July 1960.  He also provided a copy of a Certification of Birth, which was later issued on an unknown date, that also shows his date of birth as 23 July 1960.

10.  The applicant provided a copy of his Drivers License and US Passport which shows his date of birth as "23 July 1960."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Army of the United States on 1 October 1979, with prior military service.  His enlistment contract for 1 October 1979 is unavailable for review by the Board. 

2.  The applicant's DD Form 4/1 dated 2 July 1981 shows his date of birth as "32 July 1958" which was lined through and intended to show the "23 July 1958" as his date of birth.  Additional source documents show his date of birth as "23 July 1958."  A review of his records consistently shows that he utilized "23 July 1958" as his date of birth. 

3.  The copies of his Certificates of Live Birth, dated 29 September 1989 and 10 March 2003, and his Certification of Birth, show his date of birth as "23 July 1960."  These documents were issued after his separation from active duty.



4.  The applicant has failed to provide an official statement as to why his date of birth was entered as 23 July 1958 rather than 23 July 1960 on his DD Form 214. The copies of his Certificate of Live Birth and Certification of Birth all have a raised seal and were considered.

5.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  His date of birth "580723" was used consistently throughout his record; therefore, there is no basis to change item 5 (Date of Birth), of the applicant's 
DD Form 214, to show the entry "600723."  

6.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  A copy of all documents relating to the applicant's request for correction of his date of birth in his service records will be filed permanently, for reference purposes in his official military personnel files.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS__  ___EP___  __RL____  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.



_____Linda D Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20070017908
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080320
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
19871215
DISCHARGE AUTHORITY
AR 635-200, chap 14
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.