IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012664
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 his DD Form 214 (Report of Separation from Active Duty) be changed to show his date of birth (DOB) is 9 March 1937 instead of 8 March 1937.
2. The applicant states the DOB shown on his birth certificate is 9 March 1937 and the DOB shown on his DD Form 214 is 8 March 1937. He also states this date has been corrected with the Social Security Administration, Department of Motor Vehicles and on his military identification card. Therefore, it should be corrected on his DD Form 214 and remaining military records.
3. The applicant provides the following:
* A certified copy of his birth certificate from the Arkansas State Board of Health, dated 7 November 1967
* A copy of 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 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 records show he enlisted in the U.S. Army on 19 December 1958 for a period of 3 years. Item 15 (DOB) of the applicant's DD Form 4 (Enlistment Record Armed Forces of the United States) shows the entry "8 March 1937." He signed this form confirming the information was correct at the time.
3. His records contain a copy of a DD Form 398 (Statement of Personal History) which shows in item 5 (DOB Day, Month, Year) the handwritten entry "8 MAR 37." The applicant signed and dated this form on 17 March 1972, confirming that the information contained therein was correct at the time.
4. A copy of a DA Form 2-1 (Personnel Qualification Record Part I) shows in item 52 (DOB) the entry "370308."
5. Item 4 (DOB) of his DD Form 214 shows the entry "37 03 08."
6. The birth certificate provided by the applicant shows his DOB as 9 March 1937, as certified by the Arkansas State Registrar, dated 7 November 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOB should be changed on his DD Form 214 and all other military records which reflects the incorrect date was carefully considered.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes, and normally would not change a DOB under which a member performed military service because the military records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. However, in this case there seems to be sufficient evidence to warrant an exception to that policy.
3. It appears that an administrative error occurred which listed his DOB as 8 March 1937 instead of 9 March 1937. In the interest of justice, it would be appropriate to amend his DD Form 214 and all military records to reflect his DOB as 9 March 1937.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 31 December 1978 DD Form 214, item 4, and all military records to show his DOB as "37 03 09."
____________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) AR20100012664
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ABCMR Record of Proceedings (cont) AR20100012664
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