BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018233
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) be changed to show he was born in 1947 instead of 1948.
2. The applicant states his birth certificate shows his year of birth as 1947.
3. The applicant provides a copy of his birth certificate.
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
25 September 1968. He completed basic combat training and advanced individual training and he was awarded the military occupational specialty of 31B (Field Radio Mechanic).
3. Item 5 (Date of Birth) of the applicant's DD Form 47 (Record of Induction) shows he was born in 1948.
4. Item 6 (Date of Birth) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was born in 1948.
5. On 18 September 1970, the applicant was released from active duty. Item 9 (Date of Birth) of the applicant's DD Form 214 shows he was born in 1948.
6. The applicant's birth certificate issued by the Department of Health, Commonwealth of Puerto Rico on 8 December 1947 shows he was born in 1947.
7. Army Regulation 601-210 (Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army), then in effect, states in pertinent part that the age of all applicants will be verified through the submission by the applicant of a birth certificate or statements from the State Registrar of Vital Statistics, or other similar state official. If no record is available, age may also be verified through a baptismal record or a sworn statement of one or both parents or legal guardian supported by school records from first school attended or certificates from the physician in attendance at birth.
8. The government of Puerto Rico enacted a new birth certificate law (Law 191 of 2009, amended June 2010) to strengthen the issuance and usage of birth certificates, to combat fraud and protect the identity and credit of all people born in Puerto Rico.
a. Starting 1 July 2010, the Puerto Rico Department of Health began issuing new, more secure birth certificates through the Vital Statistics Record Office.
b. On 30 September 2010, the law invalidated all birth certificates issued before 1 July 2010. Until 30 September 2010, all birth certificates issued prior to 1 July 2010 remained valid.
9. On 23 September 2010, the Governor of Puerto Rico signed Executive Order 2010-045 extending the validity of birth certificates issued before 1 July 2010 to
30 October 2010.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was born in 1947, not 1948.
2. The applicant's birth certificate shows he was born in 1947. However, the certificate was issued in 1947. The government of Puerto Rico declared all birth certificates issued prior to 1 July 2010 to be invalid.
3. The applicant's DD Form 47, DA Form 20, and DD Form 214 all show his year of birth as 1948. There is no record of what document was used to verify his DOB at the time of induction.
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 the 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.
6. The applicant is advised to contact the government of Puerto Rico for the procedures to validate his birth certificate. However, a validated or reissued birth certificate would still be insufficient evidence to compromise the integrity of the Army's records.
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) AR20100018233
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ABCMR Record of Proceedings (cont) AR20100018233
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