IN THE CASE OF:	  

		BOARD DATE:	       3 November 2009

		DOCKET NUMBER:  AR20090010190 


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, in effect, that the date of birth (DOB) recorded in his military records be changed from 10 July 1934 to 10 August 1934.

2.  The applicant states, in effect, that the Social Security Administration (SSA) and his school records confirm his DOB as 10 August 1934, not 10 July 1934 as is recorded in his military records.  He claims this error was brought to his attention within the last month based on MEDICARE and TRICARE having different birth dates.

3.  The applicant provides an SSA print out and Rowan County, Alabama, school record in support of his application.

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 record shows he was initially inducted into the Army of the United States and entered active duty on 26 September 1955.  He served on active duty in this status for 1 year, 11 months, and 11 days until being honorably separated on 6 September 1957.

3.  On 16 October 1961, the applicant enlisted in the Regular Army and entered active duty in this status.  The DD Form 4 (Enlistment Record - Armed Forces of the United States) completed during this enlistment processing shows his DOB as 10 July 1934 in item 15 (Date of Birth).  The applicant and his enlistment officer authenticated this document with their signatures on 16 October 1961.  DD Forms 4 completed upon his reenlistments on 16 October 1964, 16 October 1970, 16 October 1973, 8 October 1979, and 8 September 1982, all list his DOB as 10 July 1934.  All other documents containing a DOB in his official military personnel file (OMPF) show his DOB as 10 July 1934.

4.  The applicant's DA Form 2 (Personnel Qualification Record - Part I), dated 7 October 1987, lists his DOB as 10 July 1934 in Section I (Personal Data), item 7 (Date of Birth).

5.  The DA Form 3713 (Data for Retired Pay), dated 25 August 1988; DA Form 4240 (Data for Payment of Retired Army Personnel), dated 24 April 1989; and DA Form 2339 (Application for Retirement), dated 23 August 1988, which were prepared during the applicant's retirement processing all list his DOB as 10 July 1934.

6.  All the documents on file in the applicant's OMPF that contain a DOB list it as 10 July 1934.  There are no documents or records on file that list his DOB as 10 August 1934 which the applicant now claims is correct.

7.  On 30 June 1989, the applicant was honorably retired in the rank of sergeant major after completing a total of 29 years, 7 months, and 26 days of active military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him upon his retirement lists his DOB as 10 July 1934 in item 5 (Date of Birth).

8.  The applicant provides an SSA print out, dated 24 April 2009, which indicates his DOB shown in its records is 10 August 1934.  He also provides a County of Rowan school record that lists his DOB as 10 August 1934.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his military record to show his DOB as 10 August 1934 as is listed in his social security record and school record was carefully considered.  However, the evidence of record confirms the applicant entered, served in, and was retired from the Army using the DOB 10 July 1934 which is the DOB listed on all documents on file in his OMPF, to include his enlistment records, retirement documents, and separation documents.  There are no records or documents on file that list his DOB as 10 August 1934 which is the date he now claims is correct.

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.  While the applicant’s desire to have the records changed to reflect the same DOB listed on his social security record is understood, there is no indication the applicant questioned the DOB at the time he entered the military, at anytime during his military service, or at the time he was separated for retirement.

3.  In fact, the evidence of record confirms the applicant authenticated with his signature all the enlistment documents and his final DD Form 214 that was issued to him on 30 June 1989 which all list his DOB as 10 July 1934.  Further, the applicant has failed to provide a valid birth certificate verifying his DOB with his application.  Therefore, absent a compelling reason, there is an insufficient evidentiary basis to support compromising the integrity of the Army’s records to satisfy this request.

4.  A copy of this decisional document, along with his application and associated documents to include the SSA print out and school record, will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the one contained in his social security records.

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)                                         AR20090010190



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ABCMR Record of Proceedings (cont)                                         AR20090010190



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