BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090017159
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 Item 9 (Date of Birth) that is on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 21 April 1950.
2. The applicant states he does not know why his date of birth (DOB) is entered incorrectly on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and birth certificate 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 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 he was inducted into the Army of the United States on 15 May 1969. The DD Form 47 (Record of Induction) prepared during the applicant's induction process contains an entry in Item 5 (Date of Birth) that shows his DOB as 22 April 1950.
3. The record shows the applicant successfully completed basic combat training and advanced individual training and was awarded military occupational specialty 42L (Shoe Repairman).
4. The DA Form 20 (Enlisted Qualification Record), Item 6 (Date of Birth), shows 22 April 1950. The applicant last updated this document and authenticated it with his signature on 8 August 1970.
5. A Standard Form 89 (Report of Medical History), dated 12 May 1971, completed by the applicant during his separation processing shows he listed his DOB as 22 April 1950 in item 12 (Date of Birth).
6. On 14 May 1971, the applicant was honorably separated from active duty by reason of expiration term of service. The DD Form 214 issued at that time shows he completed 2 years of active federal service. Item 9 contains the entry 22 Apr 50. The applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged).
7. All of the documents contained in the applicant's Official Military Personnel File (OMPF) list his DOB as 22 April 1950. There are no documents or records on file that list his DOB as 21 April 1950 which the applicant now claims is correct.
8. The applicant provides a Certificate of Live Birth that lists his DOB as 21 April 1950.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show his DOB as 21 April 1950 as it is listed on his birth certificate was carefully considered. However, the evidence of confirms the applicant entered, served in, and was discharged from the Army using the DOB of 22 April 1950. This DOB is listed on all of the documents contained in his OMPF. There are no records or documents in his available record that show his DOB as 21 April 1950 which is the date he now claims is correct.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Absent any evidence that the applicant attempted to correct his DOB at anytime during his active service or at the time of separation, there is an insufficient evidentiary basis to support changing the DOB listed in the applicants OMPF at this time.
3. The applicant is advised that this Record of Proceedings, along with his application and supporting documents will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in his DOB. Filing the Boards decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
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) AR20090017159
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ABCMR Record of Proceedings (cont) AR20090017159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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