IN THE CASE OF:
BOARD DATE: 1 OCTOBER 2009
DOCKET NUMBER: AR20090006806
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 1965, and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of Virginia and as a Reserve of the Army), dated 1964, be corrected to show his date of birth is 29 October 1946 vice 27 October 1943.
2. The applicant states his date of birth is incorrect on both forms. His daughter includes a statement on the application in which she indicated her father (the applicant) said the reason he could not follow directions was because he could not read or write and that if he had a better education things would have been a lot better for him. She states he was only 14 years old.
3. The applicant provides a copy of his birth certificate.
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. Records available to the Board indicate the applicant enlisted in the Virginia Army National Guard on 4 May 1961. His enlistment document, which he authenticated, indicates his date of birth as 27 October 1943. He was subsequently discharged on 2 December 1964 with a general discharge and was inducted into the Army on the following day, 3 December 1964. On 30 November 1965, after having served 11 months and 1 day of active Federal service he was administratively discharged under the provisions of Army Regulation 635-208 for unfitness following numerous minor disciplinary infractions. Both his NGB Form 22 issued in 1964 and his DD Form 214 issued in 1965 reflect his date of birth as 27 October 1943.
3. A review of documents in the applicants Official Military Personnel File (OMPF) reveals that in every single instance where the applicants date of birth was recorded, it was recorded as 27 October 1943. The applicants signature was reflected on most of those documents.
4. The birth certificate provided by the applicant shows his date of birth as
29 October 1943 indicating he was 14 years old at the time of his enlistment in the Virginia Army National Guard.
DISCUSSION AND CONCLUSIONS:
1. Records available to the Board indicate the applicant used a date of birth of 27 October 1943 throughout his military service. This date of birth was used consistently throughout his available military records.
2. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. While the applicants youth may have impacted his ability to serve honorably, there is no evidence available that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the date of birth that he used during this service. The fact that he now desires to change the date of birth in his military records is not a sufficiently mitigating factor that warrants granting this requested relief.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming his actual date of birth, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his actual date of birth and the one recorded in his military record, and satisfy his desire to have his correct date of birth documented 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) AR20090006806
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090006806
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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