BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090020118
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 item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1981 be corrected.
2. The applicant states:
* he was born on 13 November 1933 not 14 November 1933
* for as long as he can remember his parents told him he was born on 14 November 1933
* when he joined the Army in 1953 he listed his DOB as 14 November 1933 and it remained that way throughout his Army career
* recently Medicare refused to pay for his flu shot because his DOB didn't match their database
* he requested a copy of his birth certificate and discovered his DOB is 13 November 1933
* he thinks the confusion occurred because he was delivered by a mid wife instead of a medical facility
3. The applicant provides:
* birth certificate
* discharge orders
* DD Form 214 for the period ending 31 January 1981
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 induction record shows he was born on 14 November 1933. He was inducted into the Army of the United States on 22 May 1953. He was honorably discharged on 13 August 1953 for enlistment in the Regular Army. He enlisted in the Regular Army on 14 August 1953 and remained on active duty through continuous reenlistments until he retired on 31 January 1981 in the rank of sergeant major.
3. Item 5 on the applicant's DD Form 214 for the period ending 31 January 1981 shows he was born on 14 November 1933.
4. All of the applicant's service personnel records show he was born on
14 November 1933.
5. The applicant provided a birth certificate which shows his DOB is
13 November 1933.
6. 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 Army has an interest in maintaining the accuracy of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
2. Although the birth certificate provided by the applicant shows his DOB is 13 November 1933, it appears he appropriately served on and was released from active duty under the DOB of 14 November 1933. 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 the applicant's military records so a record of his DOB will be on hand.
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) AR20090020118
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ABCMR Record of Proceedings (cont) AR20090020118
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