BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029835
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 her date of birth (DOB) on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states her DD Form 214 incorrectly shows her DOB as 21 September 1967; she was born on 11 September 1967.
3. The applicant provides:
* U.S. Passport
* North Carolina Birth Certificate
* Driver License
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 graduated from North Carolina A&T State University with a degree in nursing. She was appointed a Second Lieutenant, Army Nurse Corps and entered active duty as a Reserve officer on 11 March 1990.
3. The applicant was promoted to captain on 1 April 1994 and honorably discharged on 21 August 1995. Her DD Form 214 shows her DOB as "670921."
4. Every document in the applicant's Official Military Personnel File (OMPF) shows her DOB as 21 September 1967.
* Official Transcripts North Carolina A&T State University, dated 26 August 1991
* DD Form 4 (Enlistment/Reenlistment Document), dated 31 August 1987
* Personnel Qualification Record, Part I, dated 21 April 1993
* DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment, dated 6 December 1994
5. The documents provided by the applicant show her DOB as 11 September 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants her DOB changed on her DD Form 214.
2. The applicant enlisted using the DOB of 21 September 1967. Every document in her service record, some of which were handwritten and/or signed by the applicant, show her DOB as 21 September 1967.
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 her correct DOB on her DD Form 214, 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 her application and the supporting evidence she provided, which confirms her correct DOB, will be filed in her OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in her military record and to satisfy her desire to have her correct DOB documented in her 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) AR20100029835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029835
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