BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090020500
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 that her birth year be corrected to 1940.
2. The applicant states her military records show an incorrect year of birth, which she requests be corrected.
3. The applicant provides copies of her birth certificate, driver's license, Certificate of Retirement, passport, military identification card (ID), social security card, and Medicare card.
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 Woman's Army Corp (WAC), U.S. Army Reserve (USAR) on 3 April 1976 and entered initial active duty for training (IADT) on 2 August 1976.
3. Upon completion of IADT she was released from active duty and transferred to the USAR where she served in a Troop Program Unit . She was promoted to sergeant first class effective 5 January 1982.
4. With the deactivation of her unit and an inability to locate a new position she elected to transfer to the Retired Reserve effective 15 April 1997.
5. All of the documents prepared at the time of her enlistment and at the time of each of her reenlistments show a 1942 birth year. Additionally, her application for her security clearances and her active Reserve ID cards show a birth year of 1942.
6. The applicant was placed on the Retired List effective 5 April 2002. The record contains no evidence that the applicant requested retired pay at an earlier date or that upon receipt of her 2004 birth certificate attempted to correct her records at that time.
7. The available record does not contain any evidence showing that the applicant has requested from the Defense Finance and Accounting Service an adjustment of her date of entitlement to and receipt of retired pay.
8. The birth certificate, passport, driver's license, and current military ID, provided in support of the application were issued on or after 19 March 2004. All show a birth year of 1940.
9. Her Medicare card shows that she became eligible for Medicare benefits coverage, based on attaining age 65, effective 1 April 2005.
DISCUSSION AND CONCLUSIONS:
1. The applicant states her military records show an incorrect year of birth, which she requests be corrected.
2. The applicant has not provided any explanation as to how or why she served for over 21 years (her entire military career) without realizing that her records might show an incorrect birth year.
3. The Army has an obligation, for both legal and historical purposes, to maintain records as they were constituted at the time of their creation. The fact that the applicant wants to change her date of birth after her military service ended would be insufficient to justify changing her military records, as they were originally constituted.
4. A copy of this decisional document, along with the application and the supporting evidence provided, which shows her year of birth as 1940 on her birth certificate, will be filed in her Official Military Personnel File (OMPF).
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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