BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20100029375
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 15 October 1958 instead of 17 October 1958.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides:
* His DD Form 214
* His Certificate of Live Birth
* His Certificate of Navajo Indian Blood
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 4 series (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 8 July 1980 for a period of 6 years. Item 7 (DOB) of this form lists his DOB as 17 October 1958. The applicant signed this form certifying that the information was correct, as witnessed by his recruiter.
3. On 8 September 1980, the applicant was discharged from the USAR DEP and he enlisted in the Regular Army on 9 September 1980 for a period of 3 years.
4. He completed various forms during this period of enlistment, including a Standard Form (SF) 88 (Report of Medical Examination), DA Form 428 (Application for Identification Card), and a DD Form 1584 (National Agency Check Request). These documents list his DOB as 17 October 1958.
5. He was honorably released from active duty on 6 September 1983. Item 5 (DOB) of this DD Form 214 shows his DOB as 17 October 1958.
6. The applicant submitted a copy of his birth certificate issued on 23 August 2010 and a certificate of Navajo Indian Blood issued on 28 May 2010 that shows his DOB as 15 October 1958.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his initial enlistment and entry on active duty the applicant listed his DOB as 17 October 1958. This DOB is consistent with the DOB shown on several documents in his service personnel record. He also authenticated several documents by placing his signature in the appropriate blocks indicating he certified the information was correct, including his DOB. There is no evidence he used the requested DOB during his military service.
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.
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) AR20100029375
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ABCMR Record of Proceedings (cont) AR20100029375
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