BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030014
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 (Armed Forces of the United States Report of Transfer or Discharge) to show 8 March 1947 vice 15 March 1947.
2. The applicant states his DOB is inaccurate on his DD Form 214.
3. The applicant provides his DD Form 214 and a portion of a birth record.
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 30 June 1966 and he held military occupational specialty 76P (Materiel Control and Accounting Specialist).
3. In conjunction with his enlistment, a DD Form 4 (Enlistment Record - Armed Forces of the United States) was completed on 30 June 1966 wherein his DOB was listed as 15 March 1947. He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his DOB as 15 March 1947. He authenticated this form by placing his signature in the appropriate block.
5. A DA Form 3027 (U.S. Army Request for National Agency Check), dated 18 July 1966, shows his DOB as 15 March 1947.
6. A DA Form 428 (Application for Identification Card), dated 25 September 1967, lists his DOB as 15 March 1947. He authenticated this form by placing his signature in the appropriate block.
7. His records contain various documents and forms that show his DOB as 15 March 1947.
8. On 9 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 10 days of creditable active service. Item 9 of this DD Form 214 shows his DOB as 15 March 1947.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that upon enlistment in the RA on 30 June 1966, the applicant listed his DOB as 15 March 1947. This DOB is consistent with the DOB listed on various documents that were completed throughout his period of military service. He authenticated several documents by placing his signature in the appropriate block indicating his DOB was correct. He did not use the DOB that he now claims when he served in the military.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants DOB in this case.
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) AR20100030014
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ABCMR Record of Proceedings (cont) AR20100030014
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