IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001592
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his date of birth (DOB) is 30 January 1949.
2. The applicant states his DD Form 214 incorrectly reflects his DOB as
28 February 1949 instead of 30 January 1949.
3. The applicant provides a copy of his birth certificate and his DD Form 214.
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 on 24 May 1968. At the time of enlistment, the applicants father signed a notarized statement indicating the applicant "was born on 28 February 1949 at "Hotsprings, Arkansas." The documents contained in the applicants records, which include documents that he authenticated with his signature, all show his DOB as 28 February 1949.
3. On 5 August 1969, he reenlisted for a period of 3 years and assignment to Vietnam. On 11 October 1969, he was assigned to Vietnam and served there until he was further assigned to Fort Sill on 10 October 1970. He was honorably released from active duty (REFRAD) on 15 March 1972. He had served 3 years, 8 months, and 19 days of total active service and his DD Form 214 issued at the of his REFRAD reflects his DOB as 28 February 1949.
4. The photocopy of the birth certificate provided by the applicant with his application reflects he was born on 30 January 1949.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information from official records that is current as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant enlisted in the Regular Army he stated that his DOB was 28 February 1949 and he served his entire period of service using that DOB. Additionally, his father signed a notarized statement indicating that the applicant's DOB was 28 February 1949. The applicant has offered no explanation as to why his DOB is different now.
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 showing evidence 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 change his 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 shows a different 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 military record and will satisfy his desire to have his DOB documented in his OMPF. Accordingly, there is no basis for granting the applicants 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) AR20110001592
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ABCMR Record of Proceedings (cont) AR20110001592
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