BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018895
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 military records be corrected to reflect his correct date of birth (DOB) of 6 June 1936.
2. The applicant states he needs his DOB corrected from 8 May 1936, as listed in his military records, to 8 June 1936, for survivor benefits purposes.
3. The applicant provides his birth certificate in support of the application.
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 record shows he was inducted into the Army of the United States and entered active duty on 3 February 1960. The DD Form 47 (Record of Induction) prepared during his induction processing lists his DOB as 8 May 1936 in item 5 (date of birth).
3. The applicant's DA Form 20 (Enlisted Qualification Record) prepared at the time he entered active duty lists his DOB as 8 May 1936 in item 3 (date of birth).
4. All the documents on file in the applicant's military record that contain a DOB to include the Standard Form 88 (Report of Medical Examination), dated
12 March 1962, documenting his separation physical examination list his DOB as 8 May 1936.
5. On 3 April 1962, the applicant was honorably released from active duty after completing 2 years, 2 months, and 1 day of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at the time lists his DOB as 8 May 1936 in item 6 (date of birth).
6. The applicant provides a hand written document in Spanish and he indicates he has provided his original birth certificate. However, a stamp on the document confirms it was issued on 19 March 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his military record to show his DOB as
6 June 1936, as it is listed on his original birth certificate, has been carefully considered. However, the evidence of record confirms the applicant was inducted, served, and was separated from the Army using the DOB 8 May 1936.
2. All documents on file in the applicant's official military personnel file (OMPF) that list a DOB, including the DD Form 47 prepared during his induction processing, the DA Form 20 prepared upon his entry on active duty and his
DD Form 214 prepared at the time of separation from active duty, list his DOB as 8 May 1936, the date he now claims is incorrect.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While the applicants desire to have the records changed to reflect the same DOB listed on the birth certificate he now provides is understood, there is no indication he questioned the DOB at the time of his induction, at anytime during his military service, or at the time he was separated from active duty. Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Armys records to satisfy this request at this late date.
4. A copy of this decisional document, along with his application and associated documents to include the birth certificate provided by the applicant, will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military records and the one contained on his birth certificate.
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.
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ABCMR Record of Proceedings (cont) AR20090018895
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