IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100007092
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his date of birth from 25 June 1942 to 25 June 1944.
2. He states his year of birth is incorrectly shown as 1942 on his DD Form 214, when in fact; he was born on 25 June 1944.
3. He provides copies of his birth certificate and his DD Form 214.
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's record shows he was inducted into the Army of the United States on 19 September 1967. He served on active duty for a period of 2 years prior to being released on 18 September 1969 with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for the completion of the remainder of his service obligation.
3. A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his date of birth consistently appears as 25 June 1942.
4. Item 9 (Date of Birth) of his DD Form 214 shows his date of birth as 25 June 1942.
5. His record contains a Standard Form 180 (Request Pertaining to Military Records), dated 5 September 1979 (10 years after his DD Form 214 was issued), whereon he indicated his date of birth as 25 June 1942 and authenticated the document with his signature.
6. The applicant provides copies of his birth certificate on which his date of birth consistently appears as 25 June 1944.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to change his date of birth from 25 June 1942 to 25 June 1944 was carefully considered and determined to lack merit.
2. The evidence of record shows his date of birth consistently appeared as 25 June 1942 on every document in his available service personnel record throughout his period of service. He authenticated several of these documents by placing his signature in the appropriate blocks.
3. His record also contains a document he submitted 10 years after his DD Form 214 was issued, whereon he indicated his date of birth as 25 June 1942 and authenticated the document with his signature.
4. 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.
5. The fact that his birth certificate shows his actual date of birth is 25 June
1944 is duly noted and a copy will be added to his record along with a copy of these proceedings. However, this does not change the conditions and circumstances that existed at the time his service records were created.
6. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100007092
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ABCMR Record of Proceedings (cont) AR20100007092
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