IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100012001
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 Block 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his date of birth (DOB) as 1945 instead of 1947.
2. The applicant states his amended birth certificate shows his birth year as 1945.
3. The applicant provides a copy of his amended Certificate of Live Birth, dated 15 September 2006; U.S. Passport, issued on 21 November 2007; and Honorable Discharge Certificate, dated 18 May 1972.
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 of the United States on 19 May 1966. His DD Form 47 (Record of Induction), Standard Form 88 (Report of Medical Examination), and DD Form 398 (Statement of Personal History) shows his DOB as 7 April 1947.
3. The applicant was released from active duty on 29 April 1968. Item 9 of his DD Form 214 shows his DOB as 7 April 1947.
4. The applicant provided a copy of his Amended Certificate of Live Birth and U.S. Passport which show his DOB as 7 April 1945.
DISCUSSION AND CONCLUSIONS:
1. 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 year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicants amended birth certificate and passport show his DOB as 7 April 1945, various documents in his service personnel record indicate his DOB as 7 April 1947.
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 year of birth, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in his military record and to satisfy his desire to have his correct year of birth 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) AR20100012001
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ABCMR Record of Proceedings (cont) AR20100012001
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