IN THE CASE OF:
BOARD DATE: 28 April 2009
DOCKET NUMBER: AR20080018356
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 date of birth be changed from 25 to 5 August 1943.
2. The applicant states, in effect, that his date of birth is incorrect.
3. The applicant provides four copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. On 11 January 1963, the applicant enlisted in the Regular Army. He completed basic and advanced training and was awarded military occupational specialty (MOS) 13B (Artillery Crewman). The highest rank/grade he attained while serving on active duty was master sergeant (MSG)/E-8.
3. Item 15 (Date of Birth) of the applicant's DD Form 4 (Enlistment Record Armed Forces of the United States), dated 11 January 1963, shows his date of birth as 5 August 1943.
4. Item 6 (Date of Birth) of the applicant's DD Form 214, dated 15 July 1965, shows his date of birth as 5 August 1943.
5. Item 15 (Date of Birth) of the applicant's DD Form 4, dated 16 July 1965, shows his date of birth as 5 August 1943.
6. Item 9 (Date of Birth) of the applicant's DD Form 214, dated 29 June 1971, shows his date of birth as 5 August 1943.
7. Item 4 (Date of Birth) of the applicant's DD Form 214. dated 29 June 1977, shows his date of birth as 25 August 1943.
8. Item 15 (Date of Birth) of the applicant's DD Form 4, dated 30 June 1977, shows his date of birth as 25 August 1943.
9. The applicant's records contain a DA Form 823 (Certificate of Clearance and/or Security Determination), dated 3 November 1977, that shows his date of birth as 5 August 1943.
10. The applicant's DD Form 4, dated 21 October 1982, shows his date of birth as 25 August 1943.
11. The applicant's records contain a DA Form 4240 (Data for Payment of Retired Personnel), dated 29 January 1985, that shows his date of birth as 5 August 1943.
12. The applicant was honorably released from active duty on 31 January 1985 and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) after completing a total of 22 years, 1 month, and 3 days of active duty service. Item 5 (Date of Birth) of the applicant's DD Form 214, dated 31 January 1985, shows his date of birth as 5 August 1943.
13. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that the entry the "Date of Birth" block was self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his date of birth is incorrect and should be corrected has been carefully considered.
2. The applicant did not submit any corroborating evidence, such as a birth certificate, to verify his date of birth. The applicant's records show that his date of birth was listed as 5 August 1943 on some of his official records while the applicant's date of birth was listed as 25 August 1943 on other official records. Records also show that a majority of the documents which reflected the different birth dates were signed by the applicant, acknowledging the information contained therein were correct to the best of his knowledge. Without verifying evidence to determine the applicant's correct date of birth, there is no basis for granting the applicant's requested relief.
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) AR20080018356
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018356
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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