IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20100030383
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 Forms 214 (Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) for the periods ending on 19 December 1974 and 30 November 1983 to show his date of birth (DOB) as 28 Oxxxxxx xxxx instead of 6 Oxxxxxx xxxx.
2. The applicant states his DOB is incorrectly listed on both DD Forms 214.
3. The applicant provides DD Forms 214 ending on 30 November 1983,
19 December 1974, and a Special Certificate of Birth.
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 (RA) for 3 years on 8 August 1969. Item 21 (DOB) of his DD Form 4 (Enlistment Contract) listed his DOB as 6 Oxxxxxx xxxx. He authenticated this form and allied documents by placing his signature in the appropriate places.
3. On 27 July 1971, he was honorably discharged for the purpose of immediate reenlistment in the RA. Item 6 (DOB) of his DD Form 214 for this period of service listed his DOB as 6 Oxxxxxx xxxx. He authenticated this form by placing his signature in the appropriate place.
4. He executed a 4-year reenlistment in the RA on 28 July 1971. Again, item 21 (DOB) of his DD Form 4 listed his DOB as 6 Oxxxxxx xxxx. He authenticated this form and allied documents by placing his signature in the appropriate places.
5. He was honorably discharged from active duty on 19 December 1974. Item 4 (DOB) of his DD Form 214 for this period of service also listed his DOB as 6 Oxxxxxx xxxx. He authenticated this form by placing his signature in the appropriate place.
6. He immediately reenlisted in the RA for 6 years on 20 December 1974 and followed that with a 3-year reenlistment on 24 October 1980. Items 21 or 7 of his DD Forms 4 for these periods also listed his DOB as 6 Oxxxxxx xxxx. He authenticated each form and allied documents by placing his signature in the appropriate places.
7. He completed various forms during this period of enlistment including a report of medical history, a report of medical examination, an application for an identification card, and other documents, which all list his DOB as 6 Oxxxxxx xxxx.
8. On 30 November 1983, he was honorably discharged. Item 5 (DOB) of this DD Form 214 shows his DOB as 6 Oxxxxxx xxxx. He authenticated this form by placing his signature in item 21 (Signature of Member Being Separated).
9. He submitted a copy of a birth certificate, issued 26 July 2010, with his name that shows his DOB as 28 Oxxxxxx xxxx.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his initial enlistment and entry on active duty the applicant listed his DOB as 6 Oxxxxxx xxxx. This DOB is consistent with the DOB shown on several documents in his service record throughout his period of military service. He authenticated several documents by placing his signature in the appropriate blocks indicating the DOB on each form was correct. He did not use the DOB that is listed on his birth certificate during his period of military service.
2. The Army has an interest in maintaining the integrity 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) AR20100030383
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ABCMR Record of Proceedings (cont) AR20100030383
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