IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026342
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 that his records be corrected to show that his correct date of birth (DOB) is 3 January 1956.
2. The applicant states, in effect, that his baptismal certificate was always used to verify his DOB and it reflects that his DOB is 6 January 1956; however, he recently discovered that his birth certificate shows that his DOB is 3 January 1956.
3. The applicant provides a copy of his certificate of baptism and 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 on 18 August 1976 for a period of 3 years. He completed his training and continued to serve on active duty. He reenlisted on 27 July 1979 for a period of 6 years, assignment to Hawaii and a selective reenlistment bonus.
3. All of the documents in the applicants official records show his DOB as 6 January 1956.
4. On 16 June 1982 he was honorably discharged due to hardship. He had served 5 years, 10 months and 9 days of total active service and his DD Form 214 issued at the time of his discharge shows his DOB as 6 January 1956.
5. The Certificate of Baptism provided by the applicant shows a DOB of 6 January 1956; however, his Birth Certificate shows that he was born on 3 January 1956.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show his date of birth as 3 January 1956.
2. The applicant served in the Army of the United States using 6 January 1956 as his date of birth throughout his service. The fact that he desires to change his date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming the date of birth he now uses will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current date of birth and the one recorded in his military record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100026342
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ABCMR Record of Proceedings (cont) AR20100026342
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