IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100017893
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "4 May 1950" vice "3 May 1950."
2. The applicant states he was born on 4 May 1950 but his DD Form 214 shows his DOB as 3 May 1950.
3. The applicant provides a birth certificate, Department of Veterans Affairs (VA) Form 21-4138, and 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 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's record shows he was inducted into the Armed Forces of the United States on 25 February 1970. On 26 February 1970, he completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 3 May 1950. He authenticated this form by placing his signature in the appropriate block.
3. He completed various forms during his active duty service, including an application for an identification card, fingerprint card, and national agency check request. He listed his DOB as 3 May 1950 on each of these documents.
4. On 29 September 1971, he was honorably released from active duty. The DD Form 214 he was issued shows he completed a total of 1 year, 7 months, and 5 days of total active service. Item 9 of this form shows the entry "3 May 1950." He authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged).
5. Item 6 (DOB) of the DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 3 May 1950. He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block.
6. He submitted a birth certificate with his name that was issued on 12 August 1996 that shows his DOB as 4 May 1950.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his entry on active duty the applicant listed his DOB as 3 May 1950. This DOB is consistent with the DOB shown on several documents in his service record throughout his service. He authenticated several documents by placing his signature in the appropriate blocks indicating the date on each form was correct.
2. 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 DOB 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 evidence he provided, which confirms his correct DOB, 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 DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
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) AR20100017893
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ABCMR Record of Proceedings (cont) AR20100017893
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