BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100016221
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 his DD Form 214 to show his date of birth as 27 January 1928 instead of 28 January 1928.
2. The applicant states he was born at home and he was always told by his mother that his birthday was 28 January 1928. However, his Certificate of Birth shows his date of birth as 27 January 1928.
3. The applicant provides a self-authored letter and the documents specified in his attached listing enclosures.
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 applicants military records are not available to the Board. This case is being considered using records, which primarily consist of the documentation provided by the applicant.
3. The available records show he initially enlisted in the Regular Army on
9 March 1946. The applicant submits a Certificate of Retirement showing that he retired from the Army on 28 January 1988.
4. The applicants also submits copies of two DD Forms 214 (Report of Separation from the Armed Forces of the United States), two WD AGO Forms 53 (Enlisted Record and Report of Separation - Honorable Discharge), and a
WD AGO Form 100 (Separation Qualification Record) showing his date of birth as 28 January 1928. He further submits an Arizona Driver License issued on
28 March 2006; a Selective Service System (SSS) Form 2 (Registration Certificate), dated 20 December 1955; an expired U.S. Passport, issued on
6 March 1997; and two valid U.S. Government Identification Cards. Each of these documents show his date of birth as 28 January 1928.
5. The copy of the Certificate of Live Birth submitted by the applicant shows his date of birth as 27 January 1928.
DISCUSSION AND CONCLUSIONS:
1. The information contained in the applicant's official personnel records must reflect the conditions and circumstances that existed at the time the records were created. In this regard, the applicant was serving in the Army using 28 January 1928 as his date of birth at the time his records were created.
2. Notwithstanding the copy of the Certificate of Birth provided by the applicant, 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 date 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.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting Certificate of Birth he provided, which confirms his correct date 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 date of birth recorded in his military record and to satisfy his desire to have his correct date of birth documented in his OMPF.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100016221
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ABCMR Record of Proceedings (cont) AR20100016221
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