IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013247 


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) for the period ending on 21 June 1974 be corrected to show his date of birth (DOB) is 23 September 1951.

2.  The applicant states his DOB is incorrectly listed on the above DD Form 214 as 23 September 1948.

3.  The applicant provides a copy of his DD Form 214, dated 21 June 1974, and a copy of a birth certificate, dated (issued) 6 July 2004.

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.  Prior to his enlistment in the Regular Army (RA), the applicant's parents completed a consent form and listed his DOB as 23 September 1951.

3.  In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) on 2 December 1968 and listed his DOB as 23 September 1951.  

4.  The applicant subsequently enlisted in the RA for a period of 4 years on
4 December 1968.  Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as 23 September 1951.  He authenticated this form and allied documents by placing his signature in the appropriate places. 

5.  He completed various forms during this period of enlistment, including an application for an identification card, fingerprint card, national agency check request, and a security termination statement, and listed his DOB as 
23 September 1951.

6.  He was honorably released from active duty on 3 December 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.  Item 9 (DOB) of this DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as
23 September 1951.  He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged). 

7.  After a break in service, he again enlisted in the RA for a period of 3 years on 22 June 1971.  Item 21 of his DD Form 4 listed his DOB as 23 September 1948.  He authenticated this form by placing his signature in the appropriate block.

8.  Item 6 (DOB) of the DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 23 September 1948.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block. 

9.  On 16 October 1973, he completed a DD Form 398 and listed his DOB as 23 September 1948.  He also completed various forms during this second period of enlistment, including a security termination statement, veteran's application for compensation, and other forms, and listed his DOB as 23 September 1948.  He authenticated several of these form by placing his signature in the appropriate block.


10.  He was honorably released from active duty on 21 June 1974 and he was transferred to the USAR Control Group.  Item 9 of this DD Form 214 shows his DOB as 23 September 1948.  He also authenticated this form by placing his signature in item 29 (Signature of Person Being Separated).

11.  He submitted a copy of a birth certificate with his name that was issued on 
6 July 2004 that shows his DOB as 23 September 1951.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB as 23 September 1951.  This DOB is consistent with the DOB shown on several documents in his service record throughout his first period of enlistment.  He authenticated several documents by placing his signature in the appropriate blocks indicating the date on each form was correct. 

2.  The evidence of record also shows upon his second period of enlistment, he listed his DOB as 23 September 1948.  This DOB is also consistent with the DOB shown on several documents in his service record throughout his second period of enlistment.  He authenticated several documents by placing his signature in the appropriate blocks indicating the date on each form was correct.  

3.  It is unclear why the applicant used two different DOBs.  Nevertheless, the Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s DOB in this case.

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)                                         AR20100013247



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ABCMR Record of Proceedings (cont)                                         AR20100013247



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