IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100019520
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 reflect a date of birth (DOB) of 15 August 1940.
2. The applicant states he falsified his birth certificate in order to join the Army.
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 enlisted in the Regular Army (RA) in Los Angeles, CA on 16 July 1956 for a period of 3 years. He indicated that his DOB was 15 July 1938.
3. He completed his training and he served until he was honorably released from active duty (REFRAD) on 15 July 1959 due to the expiration of his term of service (ETS). He had served 3 years of total active service.
4. On 20 July 1961 he enlisted in the RA in Indianapolis, IN for a period of
3 years. He again indicated that his DOB was 15 July 1938.
5. He served until he was honorably discharged on 26 June 1964 at Fort Bragg, NC. He had served 2 years, 11 months, and 7 days of active service during his current enlistment for a total of 5 years, 11 months, and 7 days of total active service.
6. A review of his records shows that the applicants DOB is listed as 15 July 1938 throughout his records.
7. The birth certificate provided by the applicant with his application shows his DOB as 15 August 1940.
8. Army Regulation 635-5 (Separation Documents) 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 exists on the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOB should be changed because he falsified his DOB at the time he served has been noted and found to lack merit.
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.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100019520
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100019520
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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