IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100017935
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his date of birth (DOB) is 22 July 1946.
2. The applicant states his DD Form 214 incorrectly reflects that his DOB is
21 July 1947 when in fact his DOB is 22 July 1946. He goes on to state that he desires the change to be made because it may pose a problem for his wife when she applies for death benefits.
3. The applicant provides a copy of an amended birth certificate and a statement from the Social Security Administration.
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 resided in Smoaks, South Carolina when he was inducted into the Army of the United States on 19 November 1968. All records at the time of his induction indicate that his DOB was 21 July 1947. He completed his basic training at Fort Gordon, Georgia and his advanced individual training as a laundry, bath and impregnation specialist at Fort Lee, Virginia before being transferred to Vietnam on 13 June 1969.
3. He departed Vietnam on 22 June 1970 and he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 23 June 1970 as an overseas returnee. He had served 1 year,
7 months, and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD shows his DOB as 21 July 1947.
4. A review of his records during the period in question shows that all of his records, to include those completed in the applicants handwriting, reflect a DOB of 21 July 1947.
5. The applicant subsequently enlisted in the South Carolina Army National Guard (SCARNG) and served until he was issued a 20-year letter on
27 February 2002 and he was discharged from the SCARNG on 6 January 2003. He was transferred to the Retired Reserve and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued by the SCARNG shows his DOB as 21 July 1947.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exist in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant has submitted documents to show that his DOB is 22 July 1946 instead of 21 July 1947; however, he has provided no explanation as to why he served his entire military career using the DOB of 21 July 1947 or why the birth certificate he provides was amended.
2. While it is understood why the applicant desires the change to be made, the Army has an interest in maintaining the integrity of its records and all of the records show that he served using a DOB of 21 July 1947.
3. Accordingly, there appears to be no basis to change the records after the fact to reflect information that was not present at the time the records were created.
4. However, it would be appropriate to file a copy of these proceedings in his records to be used to resolve any issues that should arise regarding his DOB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100017935
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ABCMR Record of Proceedings (cont) AR20100017935
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