IN THE CASE OF:	  

		BOARD DATE:	  11 June 2009

		DOCKET NUMBER:  AR20090006141 


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 7 January 1954 instead of 3 January 1954.

2.  The applicant states that he encounters difficulties when he tries to obtain a drivers license because of this mistake.

3.  The applicant provides a copy of his birth certificate, issued June 1984, and a copy of his DD Form 214, dated 10 July 1974, 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 was inducted into the Army of the United States in San Juan, Puerto Rico, on 30 June 1972.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) shows the entry "3 January 1954."

3.  In conjunction with his induction and entrance on active duty, the applicant completed a DD Form 398 (Statement of Personal History) on 7 July 1972 and listed his DOB as "3 January 1954."  He authenticated this form by placing his signature in the appropriate block.

4.  On 7 July 1972, the applicant placed his fingerprints on a DD Form 369 (Police Record Check) as part of verification of his eligibility for military service.  His DOB is shown as "3 January 1954."  Again, he authenticated this form by placing his signature in the "Signature of Person Being Fingerprinted" block.

5.  Item 6 (Date of Birth) of the applicant’s DA Form 20 (Enlisted Qualification Record) prepared on 7 July 1972 and reviewed by the applicant on 11 January 1973 shows the entry "3 January 1954."  Again, the applicant authenticated this form by placing his signature in the appropriate block.

6.  The applicant’s records show he completed basic combat and advanced individual training and was awarded military occupational specialty 36K (Field Wireman).  He was honorably released from active duty in the rank of specialist four/E-4 on 10 July 1974.  Item 4 (Date of Birth) of the DD Form 214 he was issued shows the entry "3 January 1954."  The applicant authenticated this form by placing his signature in item 31 (Signature of Person Being Transferred or Discharged).

7.  The applicant provided a copy of his birth certificate issued in June 1984 that shows his DOB as "7 January 1954."

8.  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.

9.  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 7 January 1954.

2.  The evidence of record shows that upon his induction and entry on active duty the applicant listed his DOB as 3 January 1954.  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 block 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 OMPF.  This should serve to clarify any questions or confusion regarding the different dates of birth and adequately document his date of birth 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.



      ___________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)                                         AR20090006141



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ABCMR Record of Proceedings (cont)                                         AR20090006141



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