IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100019077
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 (Armed Forces of the United States Report of Transfer or Discharge) to change his date of birth (DOB) from "10 April 1944" to "10 March 1944."
2. He states his DOB is incorrect.
3. He provided 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. His records show he was inducted into the Army of the United States on
8 July 1964. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows
10 April 1944. This form was signed by officials at the Armed Forces Entrance and Examination Station, New Orleans, LA on the same day.
3. A DA Form 428 (Application for Identification Card) shows in item 10 (DOB) the entry "10 April 1944." He authenticated this form on 10 December 1964, indicating the information contained therein was correct at the time.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 6 (DOB) the entry "10 April 1944." Item 47 (Signature of Individual) shows he authenticated this document on 1 December 1965, as shown in item 48 (Date of Audit).
5. His DD Form 214 shows he was honorably released from active duty on
7 July 1966. Item 6 (DOB) shows "10 April 1944" as his DOB. Item 34 (Signature of the Person Being Transferred or Discharged) shows he authenticated this document, indicating the information therein was correct at the time of his separation.
6. He provided a copy of a certificate of live birth from the state of LA, dated
11 May 1944. This document shows in item 2a (Birth Date) he was born on
10 March 1944.
DISCUSSION AND CONCLUSIONS:
1. He contends his DOB is incorrect and should be changed to reflect the date recorded on his birth certificate.
2. Although he provided a copy of his birth certificate which verifies his correct DOB as 10 March 1944, all military documents show "10 April 1944 as his DOB. He also authenticated several of these documents, indicating this was his correct DOB at the time.
3. 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 he 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.
4. He 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) AR20100019077
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ABCMR Record of Proceedings (cont) AR20100019077
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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