IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080016750
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct date of birth.
2. The applicant states, in effect, that his date of birth is incorrectly entered on his DD Form 214 and that the form contains a typographical error in his last duty assignment. He further states that he needs his date of birth corrected so that he can apply for social security benefits.
3. The applicant provides a copy of his birth certificate as issued on
25 August 2003. He also provides a court recorded copy of his DD Form 214.
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's military records are not available for review. However, the evidence provided by the applicant is sufficient to conduct a fair and impartial review of this case.
3. The DD Form 214 provided by the applicant shows that, on 8 September 1964, he entered active duty for training as a member of the North Dakota Army National Guard. On 20 January 1965, he completed his initial training and was released from active duty for training and returned to his Guard unit.
4. Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as 20 March 1946.
5. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows that the "L" in Leonard was typed over the letter "E."
6. The applicant's North Dakota Certificate of Birth, issued on 25 August 2003 shows his date of birth as 20 November 1946.
7. Army Regulation 635-5 (Separation Documents), effective 13 August 1963, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that the member's date of birth was to be recorded in Item 6 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct date of birth.
2. The available evidence shows the applicant served on active duty for training and that his date of birth at the time was recorded on his DD Form 214 as
20 March 1946. The applicant has provided a copy of his birth certificate issued in 2003 showing his date of birth as 20 November 1946.
3. There is no evidence available showing the applicant's date of birth as shown on his DD Form 214 is different from that which he provided at the time of enlistment. Therefore, no basis has been established for changing his date of birth on his DD Form 214.
4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his date of birth will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his date of birth and the one recorded in his military record, and satisfy his desire to have his date of birth documented in his record.
6. In view of the above, the applicants request should be denied.
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) AR20080016750
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