BOARD DATE: 25 June 2010
DOCKET NUMBER: AR20090021084
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his date of birth (DOB) is 27 April 1941 vice 24 December 1940.
2. The applicant states that his DOB is 27 April 1941.
3. The applicant provides copies of his DD Form 214 and a copy of his Certification of Birth from the Vital Records Service, Georgia Department of Human Resources.
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. The applicant's DD Form 214 shows he enlisted in the Regular Army on
20 April 1965.
3. The applicant's military personnel record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) dated 20 April 1965. Item 15 (Date of Birth) shows the entry 24 December 1940.
4. The applicant's record contains a DD Form 398 (Statement of Personal History) dated 16 April 1965 which shows his DOB as 24 December 1940.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows his DOB as 24 December 1940.
6. On 10 February 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group. He completed a total of 2 years, 9 months, and 21 days of active military service. The applicant's DD Form 214 shows in item 9 (Date of Birth) 24 December 1940.
7. The applicant provides a copy of a Certification of Birth from the Vital Records Service, Georgia Department of Human Resources that shows a DOB of 27 April 1941.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.
9. Army Regulation 635-5, section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It provides, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, and orders.
10. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20, DD Form 4, and DD Form 398 show his DOB as 24 December 1940. Although he provides a certificate of birth showing his DOB as 27 April 1941, he provides no explanation for the different dates.
2. 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 the applicants DOB in this case. As such, these Proceedings along with the applicant's application and supporting documents will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the different dates.
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) AR20090021084
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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