BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090007417
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 (Certificate of Release or Discharge from Active Duty) to show his correct date of birth as "7 November 1944."
2. The applicant states, in effect, that he does not know what record is in error.
3. The applicant provides, in support of his application, copies of his DD Form 214 and his Division of Health of Missouri, Standard Certificate of Live Birth.
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. At the time of his application, the applicant was retired from the Regular Army (RA) in the rank/grade of master sergeant (MSG)/E-8.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 26 January 1973 for 6 years. He used a date of birth of 7 October 1943. On 12 February 1973, he enlisted in the RA for 3 years, using the same date of birth. He remained on active duty, serving through a series of assignments, until his retirement for length of service on 28 February 1993.
3. A review of the applicant's military records show that he consistently used
7 October 1943 as his date of birth throughout his entire military service. Additionally, a review of all available documents signed by the applicant in his military records show the date of birth that he now claims is incorrect.
4. The applicant has provided a 10 September 2002 certified copy of his original birth certificate, showing his date of birth as 7 November 1944. This date is
1 month and 1 year later than the date he used throughout his military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct date of birth.
2. The applicant served in the RA and he was retired with more than 20 years of active service. He used 7 October 1943 as his date of birth through his tenure of service.
3. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the DOB under which he served. For historical purposes, 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. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
5. In view of the above, the applicants request should be denied.
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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