IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001214
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) shown on his
DD Form 214 (Report of Separation from Active Duty).
2. He states, in effect, his DD Form 214 shows his DOB as 2 March 1949. His birth certificate shows his DOB as 2 February 1949.
3. He provides his DD Form 214 and a 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 was inducted into the Army of the United States on 21 August 1972. He was honorably released from active duty on 20 August 1974 after completing 2 years of total active service.
3. Item 5 (DOB) of a DD Form 47 (Record of Induction) shows 2 March 1949.
4. Item 5 (DOB) of a DD Form 398 (Statement of Personal History) completed by the applicant during his induction processing shows 2 March 1949.
5. Item 4 (DOB) of his DD Form 214 shows 2 March 1949.
6. A review of his Official Military Personnel File (OMPF) did not reveal any documents showing a DOB other than 2 March 1949.
7. The Certificate of Birth he provides shows his DOB as 2 February 1949.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214. The regulation in effect at the time provided that that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. All documents in the applicant's OMPF bearing a DOB contain the entry 2 March 1949. It appears this was the DOB of record at the time of his induction and throughout his military service.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 OMPF. This should clarify any questions or confusion in regard to the difference in the DOB recorded in his OMPF and satisfy his desire to have the DOB on his birth certificate 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) AR20110001214
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ABCMR Record of Proceedings (cont) AR20110001214
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