IN THE CASE OF:
BOARD DATE: 02 December 2008
DOCKET NUMBER: AR20080014330
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 records be corrected to reflect his correct date of birth (DOB).
2. The applicant states, in effect, that he forged his birth date to get into the Army a year early. He states that his DD Form 214 (Report of Separation from Active Duty) incorrectly reflects his birth date as 20 October 1951 instead of
20 October 1952.
3. The applicant provides his DD Form 214, with the period ending 3 June 1971; and a State of Oregon, Standard Certificate of Live Birth, dated 11 March 2008.
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 27 January 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). On
3 July 1971, he was discharged from active duty.
3. Item 4 (Date of Birth) of the applicant's DD Form 214 shows 20 October 1951 and all documents in his service records show his DOB as 20 October 1951, to include his DD Form 4 (Enlistment Contract-Armed Forces of the United States), dated 27 January 1969.
4. The applicant provided a copy of a Standard Certificate of Live Birth, issued by the State of Oregon. This document shows that the applicants date of birth was 20 October 1952. 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. It appears the applicants DOB might have been 20 October 1952 as confirmed by the State of Oregon Certificate of Live Birth provided. However, he appropriately served in the Army and was discharged with his DOB listed as
20 October 1951. 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 20 October 1952 DOB, as listed on the copy of the State of Oregon Certificate of Birth, will be on hand.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ 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.
ABCMR Record of Proceedings (cont) AR20080014330
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ABCMR Record of Proceedings (cont) AR20080014330
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