IN THE CASE OF:	

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005603 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 18 September 1937 instead of 18 February 1937.

2.  The applicant states that his DD Form 214 shows an incorrect DOB. 

3.  The applicant provides a copy of his certification of birth, issued on 20 June 1989; and a copy of his DD Form 214, dated 26 December 1957, 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.  On 20 February 1956, Headquarters, U.S. Army Forces Antilles and Military District of Puerto Rico, Fort Brooke, PR, published Special Orders Number 33, authorizing the applicant travel from his home to the Armed Forces Examining and Induction Station, Hato Rey, PR, for the purpose of undergoing a physical examination and determination for acceptability in the U.S. Army Reserve (USAR).  The orders list the applicant’s DOB as "18 February 1937."  

3.  In connection with his enlistment and entrance on active duty, the applicant completed a Standard Form 89 (Report of Medical History).  He indicated that his DOB is "18 January 1937" and he authenticated this form by placing his signature in the appropriate place.  He subsequently underwent an enlistment medical examination on 20 February 1956.  His Standard Form 88 (Report of Medical Examination), dated 20 February 1956, shows his DOB as "18 January 1937."  

4.  The applicant's records show he enlisted in the USAR for a period of 6 years on 20 February 1956.  Item 15 (Date of Birth) of his DD Form 4 (Enlistment Record) shows the entry "18 February 1937."  The applicant authenticated this form by placing his signature in the appropriate block.

5.  The applicant’s records show he completed basic combat and advanced individual training and was awarded military occupational specialty 911.10 (Medical Aidman).  He was honorably released from active duty in the rank of private first class (PFC)/E-3 on 26 December 1957.  Item 6 (Date of Birth) of the DD Form 214 he was issued shows the entry "18 February 1937."  The applicant authenticated this form by placing his signature in Item 31 (Signature of Person Being Transferred or Discharged).

6.  The applicant provided a copy of his birth certificate issued on 20 June 1989 that shows his DOB as "18 September 1937." 

7.  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 contends that his DD Form 214 should be corrected to show his DOB as "18 September 1937." 

2.  The evidence of record shows that upon his enlistment and entry on active duty, the applicant listed his DOB as "18 February 1937."  This DOB (or           "18 January 1937") is consistent with the DOB shown on several documents in his service record throughout his entire period of military service.  The applicant authenticated several documents by placing his signature in the appropriate block, indicating the date on each form was correct.  He did not use the DOB that he now claims is correct during his period of 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 applicant’s application will be filed in his Official Military Personnel File.  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)                                         AR20090005603



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005603



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1