IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100001075
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 item 6 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was born on 7 January 1940 instead of 7 January 1941.
2. The applicant states he did not have a birth certificate when he entered military service. He states he always believed he was born in 1941 and his grandmother, who raised him, always told him his birth date was 7 January 1941. He states he ordered a copy of his birth certificate in 1962 when he applied for a position with the State of Montana. It was then he learned his real DOB was
7 January 1940. He always thought that seeing as he was out of the military it wouldnt make any difference or affect anything.
4. The applicant provides a copy of his Certificate of Live Birth, issued on
24 August 2004; a copy his Montana Drivers License; and his DD Form 214 for the period ending 8 March 1962.
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 show the applicant enlisted in the Regular Army 16 December 1958 for a period of 3 years. His enlistment documents, as well as all of the other documents in his available records, show his DOB of birth as 7 January 1941.
3. His records also confirm his grandmother Nettie signed his enlistment application as his legal guardian consenting to the applicants enlistment in December 1948. She indicated by her signature that she certified his DOB was
7 January 1941.
4. On 8 March 1962 the applicant was released from active duty. Item 6 of his DD Form 214 reflect a DOB of 7 January 1941.
5. In 1962, the applicant requested a copy of his birth certificate. In his request he indicated his DOB was 7 January 1940.
6. The Certificate of Live Birth provided by the applicant that was issued on
24 August 2004 shows he was born in Spokane, WA on 7 January 1940. The applicant's Montana Drivers License, issued on 11 March 2005, shows his DOB as 7 January 1940.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, during the period in question, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge, or retirement. It states that for item 6, the entry was self-explanatory.
DISCUSSION AND CONCLUSIONS:
1. The available records indicate the applicant served on active duty with the DOB of 7 January 1941 recorded throughout his period of service. Although it appears that his argument that he was unaware of his correct DOB at the time of his enlistment is understandable and believable, this alone is not a basis for affecting the change of his DOB in Official Military Personnel File (OMPF).
2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his 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.
ABCMR Record of Proceedings (cont) AR20100001075
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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