IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009977 


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 date of birth (DOB) from 3 May 1947 to 27 January 1948.

2.  The applicant states that his DOB is incorrect.

3.  The applicant provides, in support of his request, a copy of a hand-printed birth certificate dated on an unknown date in February 1948 and a copy of a second birth certificate issued on 8 July 2005.

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.  Prior to his enlistment in the Regular Army (RA), the applicant's father authenticated a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) on 2 June 1964.  He listed the applicant's DOB as 3 May 1947.

3.  The applicant's records show he enlisted in the RA for a period of 3 years on 5 June 1964.  Item 15 (Date of Birth) of his DD Form 4 (Enlistment Record), which the applicant authenticated, shows his DOB as 3 May 1947.

4.  In conjunction with his enlistment, the applicant also completed a DD Form 398 (Statement of Personal History) on 24 July 1964 and indicated that his DOB was 3 May 1947.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) that was created upon his enlistment and reviewed by the applicant at a later date shows his DOB as 3 May 1947.

6.  On 4 September 1964, the applicant was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his DOB as 3 May 1947.

7.  The applicant’s records further show he completed various personnel, finance, medical, and other documents throughout his military service using his DOB as 3 May 1947.  

8.  The applicant was honorably released from active duty on 12 May 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  Item 9 (Date of Birth) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows his DOB as 3 May 1947.

9.  The applicant provided a copy of a hand-printed birth certificate dated on an unknown date in February 1948 that shows his DOB as 3 May 1947.  He also provided a copy of a second birth certificate that was issued on 8 July 2005 that shows his DOB as 27 January 1948.

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 records should be corrected to show his DOB as 27 January 1948 instead of 3 May 1947.

2.  The evidence of record shows that upon his enlistment and entry on active duty the applicant listed his DOB as 3 May 1947.  This DOB is consistent with the DOB shown on several documents in his service record throughout his entire military service.  There is no record of evidence that show the applicant used the DOB that he now claims is correct at any time during his military 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 Army’s 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.

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)                                         AR20090009977



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ABCMR Record of Proceedings (cont)                                         AR20090009977



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