IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021252
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 show his date of birth (DOB) as 16 June instead of 16 January 1950.
2. The applicant states his DOB is incorrectly listed.
3. The applicant provides his DD Form 214 and 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's records show he enlisted in the Regular Army (RA) on 19 July 1968. Item 21 (DOB) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his DOB as 16 January 1950.
3. In connection with this enlistment, he completed a DD Form 398 (Statement of Personal History) on 25 July 1968 and indicated his DOB was 16 June 1950.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as 16 June 1950.
5. He completed various forms during this period of enlistment, including an application for an identification card, fingerprint card, national agency check request, medical documents, and a security termination statement, and listed his DOB as 16 June 1950.
6. He was honorably released from active duty on 16 March 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. Item 9 (DOB) of this DD Form 214 shows his DOB as 16 January 1950.
7. He submitted a certificate of live birth that shows a name similar to his with a DOB as 16 June 1950.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon the applicant's enlistment in the RA on 16 January 1968, he listed his DOB as 16 January 1950 on his enlistment contract. However, shortly after his enlistment, he listed his DOB as 16 June 1950. The 16 June date is consistent with the DOB shown on various documents in his service record throughout his entire military service. It is unclear why two different DOBs were used.
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. 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 service records. This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his official 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) AR20100021252
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021252
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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