IN THE CASE OF:
BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100009846
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 July 1967 to show his correct date of birth (DOB).
2. The applicant states his DOB is 10 December 1945 and not 11 December 1945 or 11 January 1945.
3. The applicant provides a copy of his birth certificate in support of this application.
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 was inducted into the Army on 8 October 1965. He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 5 of his DD Form 47 (Record of Induction) and item 12 of a Report of Medical Examination, dated 25 August 1965, originally showed his DOB as
10 December 1945; however, these entries were changed (pen and ink) to show his DOB as 11 December 1945.
4. His Record of Emergency Data, dated 8 October 1965, and an Application for Identification Card, dated 1 May 1966, show the DOB he now claims is incorrect.
5. His DA Form 20 (Enlisted Qualification Record), DA Form 2658 (Health Record - Abstract of Service), and DA Form 2962 (Security Termination Statement and Debriefing Certificate) show the DOB he now claims is incorrect.
6. He was released from active duty and transferred to U.S. Army Reserve on
10 July 1967. His DD Form 214 shows the DOB he now claims is incorrect.
7. In support of this application, he provided a copy of his birth certificate that shows the DOB he now claims is correct.
8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides 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 show his correct DOB has been carefully reviewed.
2. While his birth certificate shows the DOB he now claims is correct, he entered military service and served on active under the DOB he now claims is incorrect.
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, this Board is reluctant to recommend these records be changed.
4. While it is understandable the applicant desires to have the birth date that is recorded on his birth certificate recorded on his DD 214, there is no compelling reason for compromising the integrity of the Army's records at this late date.
5. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded in his military record.
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.
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