IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20080016416 


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 correction of his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from 13 August 1939 to 13 August 1940.

2.  The applicant states that his DD Form 214 shows an incorrect DOB.

3.  The applicant provides a copy of his military identification card and a copy of his certificate of live birth, dated (filed) 20 December 2001, 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 records show that prior to his enlistment in the U.S. Army Reserve (USAR), the applicant's father completed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) on 14 January 1957, consenting to his enlistment and indicated that the applicant was born on 13 August 1939.  Furthermore, the applicant’s recruiter verified the applicant’s date and place of birth from his official records and indicated that he (the applicant) was born on 13 August 1939.

3.  The applicant's records show he subsequently enlisted in the USAR for a period of 8 years on 15 January 1957.  Item 15 (Date of Birth) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows the entry “13 August 1939.”  

4.  The applicant’s records further show he entered active duty for training on 17 February 1957, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 140.00 (Field Artilleryman).  He was honorably released from active duty to the control of the USAR on 16 August 1957.  Item 6 (Date of Birth) of the DD Form 214 he was issued shows the entry “13 August 1939.” 

5.  The applicant’s records also show he was inducted into the Army of the United States on 14 October 1958.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry “13 August 1939.”   He was honorably discharged on 2 June 1960 for the purpose of immediate reenlistment.  Item 6 of the DD Form 214 he was issued shows his DOB as 13 August 1939.  

6.  The applicant’s records show he executed a series of reenlistments in the Regular Army, including four 6-year reenlistments on 3 June 1960, 20 June 1966, 22 May 1970, and 23 June 1971, and a 3-year reenlistment on 6 May 1977.  Each reenlistment contract and subsequent DD Form 214 shows his DOB as 13 August 1939.  He authenticated each contract and each DD Form 214 by placing his signature in the proper block.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) prepared on 22 December 1972 and audited on 8 August 1973 shows the applicant’s DOB as 13 August 1939. 

8.  The applicant was retired in the rank of sergeant first class on 1 May 1978 with 20 years and 17 days of active duty service.  Again, his last DD Form 214, dated 30 April 1978, shows his DOB as 13 August 1939.  The applicant authenticated this form by placing his signature in the proper block.  

9.  There is no indication in the applicant's records that he used 13 August 1940 as his DOB throughout his military service. 

10.  The applicant provided a copy of his certificate of birth, filed on 20 December 2001, that shows he was born on 13 August 1940.  He also provided a copy of his retired military identification card that shows his DOB as 13 August 1940.  

11.  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.  In establishes standardized policy for the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show his correct DOB as 13 August 1940.

2.  The evidence of record shows that the applicant used 13 August 1939 on his initial enlistment in the USAR, his induction into the Army of the United States, and his subsequent Regular Army enlistment and/or reenlistments.  Furthermore, his DOB is shown as 13 August 1939 on the various DD Forms 214 he was issued, which is also consistent with the DOB on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his signature in the appropriate block, indicating that his DOB on each form was correct.  He did not use the requested DOB during his military service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s date of birth in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his DA Form 201 (Military Personnel Record Jacket (MPRJ)) (also known as the 201 file).  This should serve to clarify any questions or confusion regarding the different dates of birth and adequately document his date of birth in his record. 


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.



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      _______ _   _______   ___
               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)                                         AR20080016416





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ABCMR Record of Proceedings (cont)                                         AR20080016416



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