IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019452
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 the day of his date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from 18 to 19.
2. The applicant states the day of his birth on his DD Form 214 is incorrect.
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 12 May 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 36C (Lineman).
3. Item 5 (Date of Birth) of the applicant's DD Form 47 (Record of Induction) shows the day of his birth as 18. There is no record of what document was used to verify his DOB at the time of his induction.
4. Item 5 (Date of Birth) of the applicant's DD Form 398 (Statement of Personal History) shows the day of his birth as 18. This form was filled out and signed by the applicant.
5. On 23 December 1968, the applicant was released from active duty. Item 9 (Date of Birth) of the applicant's DD Form 214 shows the day of his birth as 18.
6. The applicant's Standard Certificate of Live Birth from the Bureau of Vital Statistics, Texas Department of Health shows the day of his birth as 19.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the day of his birth in his DOB on his DD Form 214 should be changed to read 19 instead of 18.
2. The applicant's birth certificate shows the day of his birth as 19.
3. The applicant's DD Form 47 and DD Form 214 all reflect the day of his birth
as 18. His DD Form 398, that was completed and signed by him, shows the day of his birth as 18. The applicant's DOB would have been verified at the time of his induction; however, there is no record of what document was used.
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) AR20100019452
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ABCMR Record of Proceedings (cont) AR20100019452
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