BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100016712
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 his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 April 1970 be changed to 30 August 1948 instead of 31 August 1948.
2. The applicant states his DOB on his DD Form 214 is 1 day later than the date on his birth certificate.
3. The applicant provides copies of his:
* birth certificate
* 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 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 8 May 1968. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).
3. Item 5 (Date of Birth) of the applicant's DD Form 47 (Record of Induction) shows his DOB as 31 August 1948.
4. Item 5 (Date of Birth) of the applicant's DD Form 398 (Statement of Personal History) shows his DOB as 31 August 1948. This form was filled out and signed by the applicant.
5. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his DOB as 31 August 1948.
6. On 7 April 1970, the applicant was released from active duty. Item 9 (Date of Birth) of the applicant's DD Form 214 shows his date of birth as 31 August 1948.
7. The applicant's Standard Certificate of Live Birth from the Division of Vital Statistics - State Board of Health, State of South Carolina shows his DOB as
30 August 1948.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DOB on his DD Form 214 should be changed to read 30 August 1948.
2. The applicant's birth certificate shows his DOB as 30 August 1948.
3. The applicant's DD Form 47, DA Form 20, and DD Form 214 all reflect his DOB as 31 August 1948. His DD Form 398, that was completed and signed by him, shows his DOB as 31 August 1948.
4. 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. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the difference in DOB. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.
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) AR20100016712
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ABCMR Record of Proceedings (cont) AR20100016712
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