IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20100030334 


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 the date of birth (DOB) that is recorded in his military service records.

2.  The applicant states his DOB is shown as "9 October 1956"; however, it should be "5 October 1956."

3.  The applicant provides a copy of his birth certificate in support of his application.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A DD Form 1966 (Application for Enlistment - Armed Forces of the United States) was completed by the applicant as part of his enlistment processing, prior to entering military service.

   a.  Section I (Personal Data), item 11 (Date of Birth), shows the entry
"9 October 1956."

    b.  The applicant certified the accuracy of the information on the form by placing his signature on the document.

3.  The applicant enlisted in the Regular Army (RA) on 9 August 1976 and he served continuously on active duty until he honorably retired from active duty on
31 August 1996.

   a.  Five DD Forms 4 (Enlistment or Reenlistment Agreement/Document - Armed Forces of the United States), dated 9 August 1976, 14 February 1979,
10 June 1983, 23 November 1988, and 16 August 1990, all show the applicant's DOB was recorded as 9 October 1956.

   b.  A DD Form 214 (Report of Separation from Active Duty), with an effective date of 13 February 1979, shows the applicant's DOB was recorded as 9 October 1956.

   c.  A DA Form 873 (Certificate of Clearance and/or Security Determination) shows a National Agency Check was completed pertaining to the applicant.

       (1)  It shows in Part I (Basic Information) for "Date of Birth (Day, Month, Year)" the entry, "09 OCT 56" (i.e., 9 October 1956).

       (2)  On 6 March 1981, the applicant was granted a Secret security clearance.

   d.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 August 1996, shows the applicant's DOB was recorded as 9 October 1956.

4.  In support of his application the applicant provides a copy of a State of Georgia, Amended Certificate of Live Birth, that shows "WALTER LINDSEY
M-----" was born on "10/05/1956" (i.e., 5 October 1956).  It also shows:

   a.  his parent's last name and his last name was amended from "M--a-" to
"M--o-" on 30 August 2010; 

   b .  his DOB was amended from "10/09/1956" to "10/05/1956" on 30 August 2010; and

   c.  his first name was amended from "Walton" to "Walter" on 30 November 2010.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DOB in his military service records should be corrected because it is in error.

2.  The evidence of record shows that at the time of the applicant's enlistment in the RA he confirmed that his DOB was 9 October 1956.  The evidence of record also shows the applicant's DOB was consistently recorded in his official military service records as 9 October 1956 throughout the entire period of his military service (i.e., from 9 August 1976 through 31 August 1996).

3.  The evidence of record shows that in August and November 2010, the applicant's birth certificate was amended to change his DOB, first name, and last name.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant are insufficient evidence to warrant a change to his DOB in his Army service records, including his DD Form 214.

5.  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.  Thus, there is no basis for granting the applicant's request to change the DOB in his Army records or on his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  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 Army's records at this late date.

6.  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 Army records and to satisfy his desire to have his correct DOB documented in his OMPF.

7.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20100030334



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ABCMR Record of Proceedings (cont)                                         AR20100030334



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