IN THE CASE OF:	

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20090000126 


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 19 October 1938 to 13 October 1938.

2.  The applicant states that he was always told by family members that he was born on 19 October 1938 and that the doctor filed the paperwork weeks later and recorded the DOB as 13 October 1938.  He would like to change the DOB listed on his records to match that on his birth certificate.

3.  The applicant provides a copy of his Certified Record of Birth, issued 17 July 2007.

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 he was inducted into the Army of the United States on 3 October 1961.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows his DOB as 19 October 1938.

3.  The applicant’s records further show he completed basic combat and advanced individual training and was awarded military occupational specialty 631.10 (Wheel Vehicle Mechanic).

4.  Item 3 (Date of Birth) of the applicant’s DA Form 20 (Enlisted Qualification Record) apparently initiated upon his induction and later reviewed on 21 November 1962 shows his DOB as 19 October 1938.

5.  Item 15 (Date of Birth) of the applicant’s USAADCEN Form 246 (Individual Training Record) shows his DOB as 19 October 1938.

6.  The applicant’s record contains several medical documents, records, and reports dated on various dates throughout his military service that show his DOB as 19 October 1938.

7.  The applicant was honorably separated and transferred to the U.S. Army Reserve Control Group on 2 October 1963.  The DD Form 214 he was issued shows he completed 2 years of creditable military service.  Item 6 (Date of Birth) of this form shows he was born on 19 October 1938.  The applicant authenticated this form by placing his signature in the appropriate block.

8.  The applicant provided a copy of his certified record of birth, issued on 17 July 2007 that shows he was born on 13 October 1938.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

10.  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.  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 October 1938.

2.  The evidence of record shows that upon his induction into the Army of the United States, the applicant's DOB was recorded as 19 October 1938.  This DOB is consistent with the DOB shown 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 OMPF.  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.



      ___________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)                                         AR20090000126



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ABCMR Record of Proceedings (cont)                                         AR20090000126



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