IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020857
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 item 9 (Date of Birth [DOB]) of his
DD Form 214 (Report of Transfer or Discharge).
2. The applicant states:
* He was born on 28 May 1947, not 29 May 1947
* His DOB was wrong on his birth certificate
3. The applicant provides:
* a Certified Transcript of Birth, dated 3 July 2007
* Social Security card, dated 3 July 2007
* his 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's DD Form 398 (Statement of Personal History), dated
17 September 1966, and his enlistment record show he was born on 29 May 1947. He enlisted in the Regular Army on 20 September 1966 for a period of
3 years. He served as a military policeman in Korea and Germany. On
3 September 1969, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 9 of his DD Form 214 shows he was born on 29 May 1947.
4. All of the applicant's service personnel records show he was born on 29 May 1947.
5. In support of his claim, he provided a birth certificate, dated 3 July 2007, that shows he was born on 28 May 1947.
DISCUSSION AND CONCLUSIONS:
1. All documents in the applicant's service personnel record containing a date of birth show the date 29 May 1947, which he now claims is incorrect.
2. Although the Certified Transcript of Birth provided by the applicant shows he was born on 28 May 1947, evidence of record in this case shows he was born on 29 May 1947. It appears he appropriately served in and he was released from active duty under the DOB of 29 May 1947.
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 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.
4. 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.
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) AR20100020857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100020857
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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