IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20080019389
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 item 4 (Date of Birth) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 April 1974 be corrected to show 1934 instead of 1933.
2. The applicant states that his military records show his date of birth as 12 December 1933. He contends that he tried several times to correct his date of birth while on active duty by showing his birth certificate to personnel.
3. The applicant provides a copy of his Delayed Certificate of Birth Registration and 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 to the Board. This case is being considered using reconstructed records, which primarily consist of a DD Form 214 for the period ending 30 April 1974, a DA Form 66 (Officer Qualification Record), and Officer Efficiency Reports.
3. Having prior enlisted service, the applicant was appointed as a warrant officer on 26 August 1967. His DD Form 214 for the period ending 30 April 1974 shows he entered this period of active duty on 28 July 1971 and retired in the rank of chief warrant officer two on 30 April 1974.
4. Item 4 of the applicants DD Form 214 for the period ending 30 April 1974 shows his date of birth as 12 December 1933.
5. The applicant's DA Form 66, two officer transcripts (dated 16 September 1974 and 17 October 1974), and an AGUZ Form 749-15 (Coding Worksheet for Dual Components) show his date of birth as 12 December 1933.
6. The applicant provided a Delayed Certificate of Birth Registration which shows his date of birth as 12 December 1934.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
2. Although the birth certificate provided by the applicant shows his date of birth is 12 December 1934, it appears he appropriately served on and was released from active duty under the date of birth recorded as 12 December 1933. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in the applicant's military records so a record of his date of birth will be on hand.
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) AR20080019389
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ABCMR Record of Proceedings (cont) AR20080019389
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