IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090003439
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 (DOB) and place of birth on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states that he believed the information given to him as a youngster concerning his DOB and place of birth to be true. He had no need to question his grandparents.
3. The applicant provides a copy of an amended copy of his birth certificate in support of his 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 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 April 1968, the applicant underwent a pre-induction physical examination which shows his DOB as 9 December 1948 and his place of birth as Savannah, GA. He was inducted into the Army of the United States on 7 June 1968. His DD Form 47 (Record of Induction) shows his DOB as 9 December 1948 and his place of birth as Savannah, GA.
3. The applicant completed a DD Form 398 (Statement of Personal History) in which he indicated his DOB as 9 December 1948 and his place of birth as Savannah, GA. His service personnel records contain a DD Form 1584 (National Agency Check Request) which indicates his DOB as 9 December 1948 and his place of birth as Savannah, GA.
4. His DA Form 20 (Enlisted Qualification Record) also shows his DOB as 9 December 1948 and his place of birth as Savannah, GA.
5. The applicant provided a copy of his birth certificate amended by court order on 27 April 2006 which shows his DOB as 5 December 1947 and his place of birth as Beaufort County, SC.
6. The applicant was honorably released from active duty on 5 June 1970.
7. Item 9 (DOB) on his DD Form 214 shows his DOB as 9 December 1948.
8. Item 8 (Place of Birth) on his DD Form 214 shows his place of birth as Savannah, GA.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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. In the absence of a showing of material error or injustice, those records should not be changed.
2. Although the applicants amended birth certificate shows his DOB as 5 December 1947 and his place of birth as Beaufort County, SC, various documents in his service personnel record indicate his DOB as 9 December 1948 and his place of birth as Savannah, GA.
3. 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 his military records as a record of the DOB and place of birth he is currently using.
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.
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