BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018849
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 3 June 1945 instead of 19 February 1944.
2. The applicant states that he wants to replace his passport and would like his documents to show the correct DOB.
3. The applicant provides a copy of his birth certificate issued on 29 May 2009 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. Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and underwent an induction physical. He indicated that his DOB was 19 February 1944 and he authenticated these forms by placing his signature in the appropriate block.
3. His records show he was inducted into the AUS on 27 October 1966. Item 5 (Date of Birth) of his DD Form 47 (Record of Induction) contains a blank entry.
4. Item 6 (Date of Birth) of his DA Form 20 (Enlisted Qualification Record) prepared on 2 November 1966 and reviewed by him at a later date shows his DOB as 19 February 1966. Again, he authenticated this form by placing his signature in the appropriate block.
5. On 27 October 1966, he completed a DA Form 41 (Record of Emergency Date) and listed his DOB as 18 February 1944.
6. On 9 January 1967, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his DOB as 19 February 1944.
7. He was honorably discharged from active duty 4 December 1967 by reason of a preexisting physical disability. Item 4 (Date of Birth) of the DD Form 214 he was issued shows his DOB as 19 February 1944. He authenticated this form by placing his signature in item 31 (Signature of Person Being Transferred or Discharged).
8. He provided a copy of his birth certificate issued on 29 May 2009 that shows his DOB as 3 June 1945.
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 3 June 1945.
2. The evidence of record shows that upon his induction and entry on active duty he listed his DOB as 19 February 1944. This DOB is consistent with the DOB shown on several documents in his service record throughout his entire military service. He authenticated several documents by placing his signature in the appropriate block indicating the DOB on each form was correct. He did not use the requested DOB during his military service.
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 his DOB in this case.
4. A copy of this decisional document along with the application will be filed in his service record. 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) AR20090018849
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ABCMR Record of Proceedings (cont) AR20090018849
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