IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090011520 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 29 October 1947 instead of 29 October 1949.

2.  The applicant states that an incorrect DOB is listed on his DD Form 214. 

3.  The applicant provides a copy of his State Driver's License and a copy of his DD Form 214, dated 19 September 1968, in support of his request.

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 records show he was inducted into the Army of the United States and entered active duty on 20 September 1966.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) listed his DOB as 29 October 1947.

3.  In connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History) on 21 September 1966.  This form shows that he entered his DOB in item 5 (Date of Birth) as "10  29  47"; however, this entry was crossed out and another entry was entered above it that shows "October 29 197" (the year of birth is not listed correctly).  The applicant authenticated this form by placing his signature in the appropriate block.

4.  On 4 November 1967, a DA Form 3027 (U.S. Army Request for National Agency Check) was submitted for the applicant.  This form shows his DOB as "29 Oct 47." 

5.  Item 6 (Date of Birth) of the applicant’s DA Form 20 (Enlisted Qualification Record), reviewed by the applicant on 1 April 1967 and audited on 7 May 1969, shows his DOB as 29 October 1949.  Again, the applicant authenticated this form by placing his signature in the appropriate block.

6.  The applicant’s records further show he completed various personnel and/or medical documents throughout his military service using his DOB as 29 October 1947.  He was honorably released from active duty on 19 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  Item 4 (Date of Birth) of the DD Form 214 he was issued shows his DOB as 29 October 1949.  The applicant authenticated this form by placing his signature in item 31 (Signature of Person Being Transferred or Discharged).

7.  The applicant provided a copy of his State Driver's License that shows his DOB as 29 October 1947. 

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file (OMPF), the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army component.  It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.


9.  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 DD Form 214 should be corrected to show his DOB as 29 October 1947.

2.  The evidence of record shows that upon his induction and entry on active duty the applicant's DOB was listed as 29 October 1949.  He also submitted a DD Form 398 and initially listed his DOB as 29 October 1947 but then crossed this date out without indicating the correct year of birth.  This DOB, however, is not consistent with the DOB shown on several documents in his service record throughout his period of military service.  The applicant authenticated several documents by placing his signature in the appropriate blocks indicating that the 29 October 1949 date on each form was correct.  It is unclear why the applicant's records show inconsistent years of birth. 

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s DOB in this case.

4.  A copy of this decisional document, along with the application will be filed in his service records.  This should serve to clarify any questions or confusion regarding the different DOBs and adequately document his DOB 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.




      _______ _   _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)                                         AR20090011520



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ABCMR Record of Proceedings (cont)                                         AR20090011520



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