IN THE CASE OF:
BOARD DATE: December 29, 2009
DOCKET NUMBER: AR20090011124
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) be corrected as follows:
Item 6, Date of birth, be corrected from 2 Sep 42 to 9 Feb 42; and
Item 24, Net service this period, be corrected from 5 months and 28 days to 6 months.
2. The applicant states that administrative errors were made in the preparation of his DD Form 214.
3. The applicant provides his DD Form 214 and a handwritten copy of a certificate of birth registration which shows he was born on 9 February 1942.
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. The applicant's military records show that he enlisted in the Army National Guard (ARNG) on 9 December 1963. At the time of enlistment his dat3e of birth (DOB) was recorded as 2 September 1942. The applicant signed his DD Form 4 (Enlistment Record Armed Forces of the United States) verifying his DOB, along with the other information contained on that form.
3. The applicant entered active duty for training (AUDTRA) on 6 April 1964 and was honorably released from active duty and returned to his ARNG unit on 3 October 1964.
4. The DD Form 214 he was issued shows that his DOB was 2 September 1942 and his net service this period was 5 months and 28 days.
5. When calculating military service, the Department of defense Pay Manual (DODPM) states that you subtract the date of entry from the date of separation then add 1. Months are counted as 30 days. Therefore, in the applicant's case the formula would be:
64 10 03
- 64 04 06_
05 27
+ 1
05 28
DISCUSSION AND CONCLUSIONS:
1. The applicant's active duty was properly recorded as 5 months and 28 days and there is no reason to change that service calculation.
2. As for the applicant's DOB, he enlisted and served under the DOB of
2 September 1942.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of a showing of material error or injustice, those records should not be changed.
5. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090011124
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ABCMR Record of Proceedings (cont) AR20090011124
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