BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017837 


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 (Certificate of Release or Discharge from Active Duty) to show his birth year as 1959.

2.  The applicant states after thirty years he would like to correct his record to show his birth year as 1959, not 1958 as currently shown.

3.  The applicant provides a copy of his Pennsylvania Driver's License.

 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 enlisted in the Regular Army on 15 January 1976 for a 3-year period of service.  In the process of applying for enlistment in the Armed Forces, 
he completed a DD Form 1966 (Application for Enlistment - Armed Forces of the United States).  Section VI (Parental/Guardian Consent for Enlistment) shows that the applicant's parents certified that his date of birth was 24 August 1958.  The applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows in item 7 (Date of Birth) the entry 24 August 1958.

3.  On 26 January 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation.  He received a
DD Form 214 that shows in item 4 (Date of Birth) the entry "58  08  24" [24 August 1958].

4.  After a break in service, the applicant enlisted in the USAR on 17 October 1980 for 6 years.  The DD Form 4 for this period of serviced shows in item 7 the entry "24 August 1958."  During the process of enlisting, he authenticated item 44 (Section VIII Recertification by Applicant and Correction of Data at the Time of Active Duty Entry) saying that there were "no changes" required to correct the information previously filed with the Department of the Army.

5.  He was subsequently discharged from the USAR and he enlisted in the Regular Army on 20 November 1980.  Records show he continuously served until his retirement on 30 November 1997, in the rank/grade of first sergeant (1SG)/E-8, by reason of sufficient service for retirement.  His final DD Form 214 shows in item 5 (Date of Birth) the entry "19580824" [24 August 1958].

6.  As evidence to support his application, the applicant provided a copy of his Pennsylvania Driver's License showing his date of birth as 08/24/1959 [24 August 1959].

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  All available records are used as a basis for preparing the DD Form 214, including the DA Form 201 (Military Personnel Records Jacket, US Army) (MPRJ); DA Form 2 and 2–1 


(Personnel Qualification Records); separation orders; DD Form 4; DA Form 3716 (Personnel Financial Record, US Army); enlistment records; DD Forms 214 for prior service personnel; and any other available records.

DISCUSSION AND CONCLUSIONS: 

1.  The applicant contends that his DD Form 214 should be corrected to show his birth year as 1959.

2.  The evidence of record shows that upon his initial enlistment in 1976 his parents certified that his date of birth was 24 August 1958.  All official documents contained in his military records show a date of birth of 24 August 1958.  The applicant served on active duty for 20 years and 18 days and consistently applied 24 August 1958 as his date of birth.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually 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.

4.  This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his birth year.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the birth year 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)                                         AR20090017837



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ABCMR Record of Proceedings (cont)                                         AR20090017837



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