BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090018499
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 his date of birth (DOB) be changed from 22 February 1949 to 18 February 1949 on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he failed to notice his birth date was incorrectly entered on his DD Form 214. Passport officials noticed the error.
3. The applicant provides the following documents in support of his application:
* DD Form 214 for the period ending 4 November 2004
* Certificate of Baptism
* Certificate of Birth
* Drivers 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 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 enlisted in the Army National Guard on 13 July 1968 and was discharged on 12 July 1974. His 12 July 1974 National Guard Bureau (NGB) Form 22 shows his DOB as 22 February 1949. He served in an active duty status during this period from 29 October 1968 through 16 March 1969. His DD Form 214 shows his DOB as 22 February 1949.
3. The applicant enlisted in the Army National Guard on 1 February 1985. He was discharged on 31 January 1986 and the NGB Form 22 he was issued shows his DOB as 22 February 1949. He enlisted in the Army National Guard again on 7 March 1991. His enlistment contract show his DOB as 22 February 1949.
4. The applicant was ordered to active duty on 20 May 2003 and he was released from active duty on 4 November 2004.
5. Item 5 (Date of Birth) on his 4 November 2004 DD Form 214 shows his DOB as 22 February 1949.
6. The applicant provided the following three documents which show his DOB as 18 February 1949:
* Certificate of Baptism
* Certificate of Birth (date of birth is a handwritten entry)
* Drivers License
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It provides that the
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 states he failed to notice his birth date was incorrectly entered on his DD Form 214. However, the evidence of record does not confirm his DOB was incorrectly recorded on his DD Form 214.
2. Although the documents provided by the applicant show his DOB as 18 February 1949, documents in his service personnel record shows his DOB has always been recorded as 22 February 1949.
3. For historical purposes, 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, those records should not be changed.
4. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records as a record of the DOB he is currently using.
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) AR20090018499
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