IN THE CASE OF:	  

		BOARD DATE:	      16 JULY 2009

		DOCKET NUMBER:  AR20090004471 


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 DD Form 214 (Report of Separation from Active Duty) to show his date of birth (DOB) as 9 August 1932 instead of 5 December 1929.

2.  The applicant states that he used the 5 December 1929 DOB to enable him to enlist. 

3.  The applicant provides a copy of his birth certificate, issued on 26 October 1976; a copy of a letter, dated 5 March 2009, from the Social Security Administration; and a Real-time Automated Personnel Identification System (RAPIDS) computer printout in support of his request.

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 enlisted in the Ohio Army National Guard (OHARNG) for a period of 3 years on 14 August 1952.  A copy of his enlistment contract is not available for review with this case.  He also reenlisted in the OHARNG on 14 August 1955.  A copy of his reenlistment contract is not available for review with this case.  He was honorably discharged on 1 November 1956 and executed a 3-year reenlistment in the OHARNG on 2 November 1956. 
Item 15 (Date of Birth) of his DD Form 4 (Enlistment Record) shows his DOB as 5 December 1929.  The applicant authenticated this form by placing his signature in the appropriate block.

3.  The applicant’s records further show he reenlisted in the Army National Guard and voluntarily entered active duty for a period of 2 years on 28 November 1956. 
Item 15 of his DD Form 4 shows his DOB as 5 December 1929.  The applicant authenticated this form by placing his signature in the appropriate block.  He was honorably discharged on 12 March 1958 for the purpose of enlistment in the Regular Army.  Item 5 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as 5 December 1929.  The applicant authenticated this form by placing his signature in the appropriate block.

4.  The applicant’s records further show he executed two 6-year enlistments and/or reenlistments on 13 March 1958 and 16 December 1953.  His enlistment/
reenlistment contracts are not available for review with this case; however, the two DD Forms 214 he was issued show his DOB as 5 December 1929.  He authenticated each form by placing his signature in the appropriate blocks.

5.  On 17 October 1969, the applicant executed a 6-year reenlistment in the Regular Army.  Item 21 (Date of Birth) of his DD Form 4 shows his DOB as 5 December 1929.  In conjunction with his reenlistment, he completed a DD Form 398 (Statement of Personal History) and DD Form 369 (Police Record Check) and listed his DOB as 5 December 1929 on each document.  He authenticated these forms by placing his signature in the appropriate blocks.

6.  Item 6 (Date of Birth) of the applicant’s DA Form 20 (Enlisted Qualification Record) prepared on 30 January 1973 and reviewed by the applicant on 9 May 1973 shows his DOB as 5 December 1929.  Again, the applicant authenticated this form by placing his signature in the appropriate block.

7.  The applicant’s records further show he completed various personnel, finance, medical, and other documents throughout his military service using his DOB as 5 December 1929.  He was honorably released from active duty on 31 August 1976 and was placed on the Retired List in his retired rank/grade of sergeant first class/E-7 on 1 September 1976.  Item 4 (Date of Birth) of the DD Form 214 he was issued shows his DOB as 5 December 1929.  The applicant authenticated this form by placing his signature in item 31 (Signature of Person Being Transferred or Discharged).

8.  The applicant provided a copy of his birth certificate as well as a letter from the Social Security Administration and a RAPIDS computer printout that show his DOB as 9 August 1932. 

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.  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.  The applicant contends that his DD Form 214 should be corrected to show his DOB as 9 August 1932.

2.  The evidence of record shows that upon his enlistment and entry on active duty the applicant listed his DOB as 5 December 1929.  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 blocks indicating the date 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 DOB in this case.
4.  A copy of this decisional document, along with the application will be filed in his service records.  This should serve to clarify any questions or confusion regarding the different DOBs and adequately document his DOB 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.



      ___________XXX______________
                 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)                                         AR20090004471



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ABCMR Record of Proceedings (cont)                                         AR20090004471



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