DOCKET NUMBER: AR20090001922
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 his date of birth (DOB) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states that his DD Form 214 shows his DOB is 3 March 1980 and his birth certificate shows his DOB is 27 March 1980.
3. The applicant provides copies of his DD Form 214, a copy of his State of Maryland Certificate of Life Birth, and a copy of his State of West Virginia Driver's License in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on 26 January 2004 and he was honorably released on 16 June 2007 and transferred to the United States Army Reserve. He had attained the rank of private first class and completed a total of 3 years, 4 months and 18 days of creditable active duty service.
2. The applicant's military personnel record contains a DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) that was completed on 1 April 2004 which shows in item 10 (Date of Birth) 3 March 1980. The applicant authenticated this document with his signature in item 29c (Signature) indicating that the information on this document was correct.
3. The applicant's military personnel records contain a Standard Form 86 (Questionnaire for National Security Positions), dated 4 January 2004, that shows in item 1 (Personnel Information) that the applicants DOB is 3 March 1980 indicating that the applicants background investigation was accomplished using this DOB.
4. The applicant's DD Form 214, dated 16 June 2007, shows in item 5 (Date of Birth) 3 March 1980. The applicant authenticated this document with his signature in item 21 (Signature of Member Being Separated) indicating that his DOB was correct.
5. The applicant submitted a copy of a State of Maryland Certificate of Live Birth issued on 28 October 2008, and a West Virginia Driver's License issued on
10 December 2007, which both show his DOB as 27 March 1980.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.
7. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It provides, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. Paragraph 25 (Item 9 - Date of Birth) states, "self-explanatory."
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contends that his DD Form 214 should be changed to reflect that his DOB is 27 March 1980.
2. While it is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is his correct DOB, the applicant enlisted using the DOB that is shown on his DD Form 214. Additionally, the applicants background check was completed using the DOB that is on his DD Form 214. The DOB shown on his DD Form 214 was used throughout his military record and he was honorably discharged using the same DOB.
Therefore, it would not be appropriate to change his record at this late date.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
4. A copy of this decisional document, along with the applicants application and associated documents, to include the birth certificate he submitted, will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding his DOB as it relates to his military service.
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) AR20090001922
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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