BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000365 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct name.  As a new issue,  he also requests correction of his date of birth.

2.  The applicant states that he believes his records to be in error because an enlisted member assisting during his entrance processing entered this information incorrectly.  This may have been caused by racism or was due to just not caring.

3.  The applicant provides, in support of his application, copies of his DD Form 214, birth certificate, social security card, social security benefit letter, and two letters from the Department of Veterans Affairs (VA).

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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040007389, on 9 June 2005.

3.  On 9 June 2005, this Board considered the applicant's request to correct his last name as shown on his DD Form 214.  At the time he provided a copy of his birth certificate that showed a different last name and a suffix "JR."  He argued that while on active duty he was afraid to request a correction of his last name because people were extremely mean to him.  The Board determined that the applicant was inducted, served and was discharged using the same last name that he claims was incorrect.  He authenticated all records and documents using this same last name.

4.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  It has been approximately 5 years since the Board's original decision.  However, the applicant does have the option to seek relief in a court of appropriate jurisdiction.  Therefore, this issue will not be further discussed in these proceedings.

5.  The applicant's request to correct his date of birth is a new issue that requires consideration.

6.  The applicant was inducted into the Army on 9 November 1962.  Item 5 (Date of Birth) of his DD Form 47 (Record of Induction), dated 1 November 1962, shows his date of birth as 16 July 1943.

7.  Item 12 (Date of Birth) of the applicant's Standard Forms 88 (Report of Medical Examination), dated 8 November 1962 and 23 November 1964, both show his date of birth as 16 July 1943.



8.  Item 3 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 16 July 1943.

9.  The applicant was separated on 9 December 1964.  Item 6 (Date of Birth), of his DD Form 214 shows his date of birth as 16 July 1943.

10.  The applicant has provided a copy of his birth certificate showing his date of birth as 16 July 1945.  He also provides a letter from the Social Security Administration showing that their records have his date of birth as 16 July 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct date of birth.

2.  The evidence of record clearly shows that the applicant was inducted into the Army of the United States, served for a period of 2 years, and was honorably separated using the date of birth currently recorded in his military records.  The fact that he now desires a change to the date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting the requested relief.

3.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

4.  In view of the foregoing, there is no basis for granting the applicant's request.  However, a copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File and may serve to clarify any questions concerning the differences in his date of birth.

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)                                         AR20100000365





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)