IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110002200
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 records be corrected to reflect his correct date of birth (DOB).
2. He states, in effect, that the DOB on his DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly reflects his DOB as 14 May 1955 instead of 14 May 1954.
3. He provides his DD Form 214 and a State of Texas, Certificate of Birth, dated 11 March 2008.
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 29 December 1975 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 98G (Electronics Warfare/Intelligence Voice Interceptor).
3. Item 5 (DOB) of his DD Form 214 shows 14 May 1955 and all documents in his service records show his DOB as 14 May 1955 to include his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 15 September 1975.
4. He provided a copy of a Certificate of Birth, which was issued by the State of Texas. This document shows the applicants DOB was 14 May 1954.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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, the ABCMR is reluctant to recommend that those records be changed.
2. It appears the applicants DOB might have been 14 May 1954 as confirmed by the State of Texas Certificate of Birth provided. However, he appropriately served in the Army and was discharged using the DOB listed as 14 May 1955. While the applicants desire to have the records changed is understood, there is no basis for compromising the integrity of the Armys records. This Record of Proceedings will be filed in his official military personnel file to document the DOB that is listed on his State of Texas Certificate of Birth and clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and the DOB on his birth certificate.
BOARD DETERMINATION/RECOMMENDATION:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X___ DENY APPLICATION
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) AR20110002200
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