IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100008632
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 that item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show 25 February 1916.
2. The applicant states:
a. his birth certificate was not available during his initial enlistment and his birth date was incorrectly listed in his military record at that time as "20 May 1920,"
b. he obtained a copy of his birth certificate in 1978, and
c. his correct DOB is 25 February 1916.
3. The applicant provides the following documents in support of his request:
* DD Form 214 effective 31 October 1969
* Certificate of Birth Registration issued on 13 March 1978
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. The applicant's military records show he enlisted in the Regular Army on 13 December 1945. The WD AGO Form 21 (Enlistment Record Regular Army) prepared during the enlistment process contains an entry in item 1 (DOB) under Declaration of Applicant that shows his DOB as 17 May 1920.
3. The applicant was trained in and served in military occupational specialty 965 (Auto Mechanic 3rd Echelon). He served continuously through the following periods of enlistment:
* 13 December 1945 to 13 December 1948
* 13 December 1948 to 17 December 1951
* 18 December 1951 to 14 December 1962
* 15 December 1962 to 14 December 1965
* 15 December 1965 to 14 December 1968
* 15 December 1968 to 31 October 1969
4. The DA Form 20 (Enlisted Qualification Record), item 6 (DOB), shows 17 May 1920. The applicant last updated this document and authenticated it with his signature on 2 September 1969.
5. On 31 October 1969, the applicant was honorably retired from active duty having completed 28 years, 6 months, and 10 days. The DD Form 214 issued at that time contains the entry "17 May 1920" in item 9. The applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged).
6. All of the documents contained in the applicant's official military personnel file (OMPF) list his DOB as 17 May 1920. There are no documents or records in his military file that list his DOB as 25 February 1916, which the applicant now claims is correct.
7. The applicant provides a Certificate of Birth Registration issued on 13 March 1978 that lists his DOB as 25 February 1916.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his DOB as 25 February 1916. However, the evidence of record confirms the applicant entered, served for more than 28 years, and was retired from the Army using the DOB of 17 May 1920. This DOB is listed on all of the documents contained in his OMPF. There are no records or documents in his available record that show his DOB as 25 February 1916, which is the date he now claims is correct.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Absent any evidence that the applicant attempted to correct his DOB at any time during his active service or at the time of separation, there is an insufficient evidentiary basis to support changing the DOB listed in the applicant's OMPF at this time.
3. The applicant is advised that this Record of Proceedings, along with his application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that may arise regarding the difference in his DOB. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the DOB under which he served.
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) AR20100008632
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ABCMR Record of Proceedings (cont) AR20100008632
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