DOCKET NUMBER:  AR20090000582 


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, correction of his military records to show his date of birth as 13 J****** 1**4 instead of 26 J****** 1**5 and his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 1992 changed from master sergeant to first sergeant.

2.  The applicant states he recently found his old birth certificate which showed that his birth date had been incorrect and that his rank was "just wrong."

3.  The applicant provides a copy of his DD Form 214 and his birth certificate in support of this application.

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 7 May 1964.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of infantry indirect fire crewman.  He was promoted to pay grade E-8.

3.  All of the applicant's military records show his date of birth as 26 J****** 1**5.

4.  On 30 September 1992, the applicant was honorably released from active duty for length of service and placed on the retired list.  His DD Form 214 shows his date of birth as 26 J****** 1**5.  He completed a total 26 years, 4 months, and 18 days of creditable active military service.

5.  His records contain a petition for change of name which shows his birth date as 13 J****** 1**4.  He states in the petition that he had recently found his birth certificate among his mother's belongings.

6.  The applicant's DD Form 214 with a separation date of 30 September 1992 shows his rank as MSG (master sergeant).

7.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 18 (Appointments and Reductions) shows his latest grade as MSG.  It further shows that his latest duty assignment was in the military occupational specialty 11B5H, principle drill instructor.  Previous to that he served in an 11Z5M deputy commandant noncommissioned officer academy (first sergeant type) position.

8.  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 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  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 establishes standardized policy for the preparation of the DD Form 214.  It stated that for the "Grade, Rate or Rank" block, enter the active duty grade or rank and pay grade at the time of separation. 

DISCUSSION AND CONCLUSIONS:

1.  In the applicant's petition to the court to change his name, he stated that he recently found his birth certificate in his mother's belongings and it showed his birth date as 13 J****** 1**4.  However, he enlisted, served, and was honorably released from active duty from the Army using the date of birth of 26 J****** 1**5 as shown in his military records.

2.  While the Board understands the applicant’s desire to have his date of birth changed in his records, it finds no basis for compromising the integrity of the Army’s records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

3.  There is no evidence of record or independent evidence that suggests the date of birth recorded in his military records was a material error.  Therefore, those records should not be changed.

4.  While the applicant's DA Form 2-1 shows that he previously served in an 11Z5M deputy commandant noncommissioned officer academy (first sergeant type) position; his last duty position was as a master sergeant principle drill instructor.  Therefore, he is not entitled to correction of his rank and pay grade on his DD Form 214 with a release date of 30 September 1992.

5.  In view of the forgoing, there is no basis for granting the applicant's request.

6.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which shows his stated date of birth, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the birth date recorded in his military record and to satisfy his desire to have his correct birth date documented in his OMPF.

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)                                         AR20090000582



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ABCMR Record of Proceedings (cont)                                         AR20090000582



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