IN THE CASE OF:
BOARD DATE: 16 SEPTEMBER 2008
DOCKET NUMBER: AR20080008764
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth (DOB) as "1 June 1941."
2. The applicant states, in effect, that his DOB was entered incorrectly on his DD Form 214 as "1 July 1941."
3. The applicant provides a copy of his DD Form 214; a copy of his birth certificate; and a letter from the Social Security Administration.
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 served in the Regular Army from 10 December 1965 through
22 November 1969. A review of his official record shows that his enlistment contract, his pre-induction physical examination, and his DA Form 20 (Enlisted Qualification Record) show that his DOB is 1 July 1941.
3. On 5 January 1969, the applicant completed a DA Form 398 (Statement of Personal History) and reported that his DOB was 1 July 1941.
4. The applicant submitted a copy of his birth certificate showing that he was born on 1 June 1941. The Social Security Administration verifies that the applicant was born on 1 June 1941.
5. Army Regulation 635-5 (Separation Documents) 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 preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's 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. Each entry is verified from the official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DOB was entered incorrectly on his DD Form 214.
2. The evidence shows that the DOB entered on the applicant's DD Form 214 is verified by his entire service record. He reported his DOB as 1 July 1941.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The date 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. The applicant reported his DOB as 1 July 1941 throughout his time in the service and signed his DD Form 214 attesting to its accuracy. As such, he has not provided sufficient evidence to support changing his DOB in his official record.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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