IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100007976
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 29 March 1955.
2. The applicant states that after applying for and receiving a birth certificate for passport purposes he discovered that his DOB is 29 March 1955. He also states he believes a clerical error was made at the time of his initial enlistment.
3. The applicant provides a copy of his State of Texas Certificate of Birth.
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 initially enlisted in the Regular Army in Houston, TX on 7 August 1974 for a period of 3 years. At the time of his initial enlistment he indicated on his DD Form 4 (Enlistment Contract - Armed Forces of the United States) that his DOB was 20 March 1955.
3. He remained on active duty through a series of continuous reenlistments. Throughout his service he continued to indicate that his DOB was 20 March 1955 on documents that he completed and/or signed, such as:
* DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 30 April 1977, 27 February 1980, 10 December 1982, and 9 September 1988
* DA Form 428 (Application for Identification Card), dated 9 December 1988
* DA Form 3713 (Data for Retired Pay), dated 21 June 1993
4. The only document contained in his Official Military Personnel File (OMPF) that contains the DOB of 29 March 1955 is a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 5 December 1990, issued by the Central Clearance Facility, Fort Meade, MD.
5. On 31 August 1993, the applicant was honorably released from active duty due to voluntary early retirement and was placed on the Retired List in the pay grade of E-7. He had served 19 years and 24 days of total active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of his retirement reflects that his DOB as 20 March 1955.
6. The Certificate of Birth provided by the applicant, issued on 23 December 2009, indicates that the applicants DOB is 29 March 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show his actual date of birth as 29 March 1955 instead of 20 March 1955.
2. The evidence of record shows that upon his initial enlistment and entry on active duty the applicant listed his DOB as 20 March 1955. This DOB is consistent with the DOB shown on all of the documents in his OMPF, except for one. The applicant authenticated all of the documents, except for one, containing his DOB by placing his signature in the appropriate blocks indicating the DOB on each form was correct.
3. 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.
4. 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) AR20100007976
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ABCMR Record of Proceedings (cont) AR20100007976
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