IN THE CASE OF:	  

		BOARD DATE:	  	  2 April 2009

		DOCKET NUMBER:  AR20080015201 

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, in effect, that his date of birth shown in his military records be changed to 10 July 1944.

2.  The applicant states, in effect, that he gave the wrong date of birth when he enlisted.

3.  The applicant provides copies of his State of Mississippi Standard Certificate of Live Birth, recorded 20 July 1944; a copy of a Social Security Administration Social Security Card; and a copy of a State of Ohio Driver's.

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 DD Form 214 shows he enlisted in the Regular Army (RA) on 27 July 1960.  He was awarded military occupational specialty (MOS) 950 (Security Guard).  He was honorably discharged on 22 February 1962 for the purpose of reenlistment.  He reenlisted on 23 February 1962 and served until he was honorably discharged on 15 March 1968.  He had attained the rank of sergeant and completed a total of 7 years, 5 months and 25 days of creditable active duty service.

3.  The applicant's military personnel records contain a DD Form 398 (Statement of Personal History), dated 31 October 1961, which shows in item 5 (Date of Birth) 3 July 1938.

4.  The applicant's military personnel records contain a DD Form 4 (Enlistment Record-Armed Forces of the United States), dated 27 July 1960, which shows in item 15 (Date of Birth) 3 July 1938.  

5.  The applicant's DD Form 214, dated 22 February 1962, shows in item 6 (Date of Birth) 3 July 1938.

6.  The applicant's military personnel records contains a DD Form 4 (Enlistment Record-Armed Forces of the United States) dated 23 February 1962, which shows in item 15 (Date of Birth) 3 July 1938.

7.  The applicant submitted a copy of a State of Mississippi Standard Certificate of Live Birth which shows his date of birth as 7 July 1944.

8.  The applicant submitted a copy of a State of Ohio driver's license which shows his date of birth as 7 July 1944.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

10.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It provides, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 25 (Item 9 - Date of Birth) states, "self-explanatory."

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the date of birth shown in his military records should be corrected to show the date of 10 July 1944 has been carefully considered and found to be without merit.   

2.  The applicant’s desire to have his military records changed to reflect the date of birth listed on his birth certificate is understood; however, the available evidence shows the applicant enlisted in the RA, on 27 July 1960, using the date of birth that is shown throughout his military records.  He was honorably discharged and he reenlisted on 15 March 1968 using the same date of birth that is shown throughout his military records.  Given that he entered into RA, performed in, and was separated from the RA under the date of birth shown throughout his official military records, it would not be appropriate to change his records at this late date.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

4.  A copy of this decisional document, along with the applicant’s application and associated documents, to include the birth certificate he submitted, will be filed in the applicant’s Official Military Personnel File.  This should serve to clarify any questions or confusion regarding his date of birth as it relates to his military service.  

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)                                         AR20080015201



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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