IN THE CASE OF:
BOARD DATE: 19 MAY 2009
DOCKET NUMBER: AR20090000048
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 military records to show his date of birth as 1 January 1930 vice 10 July 1929.
2. The applicant states his date of birth is incorrect.
3. The applicant provides a copy of his Commonwealth of Puerto Rico Certification of Birth, which was issued on 30 August 2001.
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. Records available to the Board indicate the applicant was inducted and entered active duty on 8 February 1952. His Record of Induction shows his date
of birth as 10 July 1929 and that he had prior service in the California Army National Guard (CAARNG) between 31 January 1950 and 19 September 1951. The applicants DA Form 20 (Qualification Record-Enlisted Personnel), which he authenticated, also reflects his date of birth as 10 July 1929. A report of medical history, prepared by the applicant as part of his separation processing, also shows his date of birth as 10 July 1929. A DA Form 41 (Record of Emergency Data for the United States Army), signed by the applicant, reflects a date of birth of 10 July 1929.
3. On 7 November 1953 the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows his date of birth as 10 July 1929. The applicant authenticated the separation document.
4. The birth certificate provided by the applicant was issued nearly 50 years after the applicant was released from active duty and shows his date of birth as
1 January 1930.
DISCUSSION AND CONCLUSIONS:
1. Records available to the Board indicate the applicant used a date of birth of 10 July 1929 throughout his military service. This date of birth was used consistently throughout his available military records.
2. 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.
3. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the date of birth that he used during this service. The fact that he now desires to change the date of birth in his military records is not a sufficiently mitigating factor that warrants granting this requested relief.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided confirming his actual date of birth, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his actual date of birth and the one recorded in his military record, and satisfy his desire to have his correct date of birth documented 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.
_________XXX_____________
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) AR20090000048
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ABCMR Record of Proceedings (cont) AR20090000048
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