IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080014597
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 his military medals including the bronze star [interpreted as meaning a bronze service star] be issued to him and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 12 A___ 19__ instead of 14 A___ 19__.
2. The applicant states that he was told he was eligible for the bronze star medals [sic] and wants his date of birth corrected.
3. The applicant provides his DD Form 214 in support of this application.
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 records show he enlisted in the Regular Army on 24 December 1964. He completed basic combat and advanced individual training and was awarded the military occupational specialty of light weapons infantryman. The highest rank he attained while serving on active duty was sergeant (temporary)/pay grade E-5.
3. The applicant's DD Form 4 (Enlistment Record-Armed Forces of the United States) and DA Form 20 (Enlisted Qualification Record) authenticated in his own hand, show his date of birth as 14 A___ 19__.
4. On 13 December 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. His DD Form 214, authenticated in his own hand, shows his date of birth as 14 A___ 19__. He completed a total of 1 year, 11 months, and 20 days of creditable active military service.
5. The applicant's records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 23 March 2002, showing the National Personnel Records Center authorized the Vietnam Service Medal with two bronze service stars, amongst other awards, to be mailed to him from the U.S. Army Soldier and Biological Chemical Command.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends his date of birth is 12 A___ 19__, the applicant enlisted, served, and was honorably released from active duty from the Army using the date of birth of 14 A___ 19__ as shown in his military records. There is no evidence of record or independent evidence that suggests the date of birth recorded in his military records is a material error.
2. While the Board understands the applicants desire to have his date of birth changed on his DD Form 214, it finds no basis for compromising the integrity of the Armys records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
3. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
4. The evidence shows the National Personnel Records Center authorized issuance of the requested awards in 2002. If the applicant did not receive the awards, he should contact the U.S. Army Soldier and Biological Chemical Command, Integrated Materiel Management Center, Soldier Systems
Directorate, 700 Robbins Avenue, P.O. Box 57997, Philadelphia, PA
19111-7997.
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.
___________X______________
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) AR20080014597
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ABCMR Record of Proceedings (cont) AR20080014597
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