IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014508
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 the date of birth shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his date of birth is incorrectly shown as 7 May 1943 and should be shown as 7 May 1942. During his discharge he did not have his birth certificate.
3. He provides:
* Birth Certificate
* DD Form 214
* 2010 Primary Care Note and EKG (electrocardiogram)
* Driver license and work identification card
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. He provided a birth certificate from Yugoslavia issued on 7 April 2005 which appears to certify an individual with his same first and last name was born on 7 May 1942.
3. His military records show that he enlisted in the Regular Army on 31 May 1960 for 3 years. His enlistment documents list his date of birth as 7 May 1943 and the date was verified by a birth certificate.
4. He was honorably released from active duty on 31 May 1963 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. Item 6 (Date of Birth) of his DD Form 214 shows his date of birth as 7 May 1943.
DISCUSSION AND CONCLUSIONS:
1. The evidence that the applicant submitted is not sufficient to show that an error exists or changing his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show the birth date he now uses is understood, it is not a basis for compromising the integrity of the Armys records. A copy of this decisional document along with the application and enclosures will be filed in his official military file for reference purposes.
3. In view of the foregoing, there is no basis for granting his request.
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) AR20100014508
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ABCMR Record of Proceedings (cont) AR20100014508
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