IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110002677
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 records to show his date of birth (DOB) as 10 February 1929 instead of 28 November 1928.
2. The applicant states he was born in rural Puerto Rico on 10 February 1929. In those days, there was no means of transportation and the nearest city was too far. It took 9 months for his mother to get to the city. He recently found out that he was born on 10 February 1929.
3. The applicant provides:
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1971
* 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 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. The applicant's records show he was initially inducted into the Army of the United States (AUS) on 17 November 1950. Item 6 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 28 November 1928.
3. He enlisted in the Regular Army (RA) on 12 February 1952. Item 11 (DOB) of his DD Form 4 (Enlistment record) also listed his DOB as 28 November 1928. He authenticated this form by placing his signature in the appropriate block.
4. His contemporaneous DA Form 20 (Personnel Qualification Record) which was created upon his enlistment listed his DOB as 28 November 1928. He reviewed this form on multiple occasions and placed his signature in the appropriate block.
5. He executed multiple reenlistments in the RA, including three 3-year reenlistments on 6 March 1955, 10 March 1958, and 10 January 1961, and a 6-year reenlistment on 10 January 1964. In each case, he indicated his DOB was 28 November 1928 and he authenticated each reenlistment contract by placing his signature in the appropriate blocks.
6. His official records contain various documents, including Reports of Medical Examinations, multiple DD Forms 214, Service Records, Statements of Personal History, Certificate of Clearance and/or Security Determination, and multiple medical documents listing his DOB as 28 November 1928. He authenticated some of these documents by placing his signature where necessary.
7. He was honorably retired on 31 January 1971 and he was placed on the retired list in his retired rank of sergeant major on 1 February 1971. Item 9 (DOB) of his retirement DD Form 214 lists his DOB as 28 November 1928. He authenticated this form by placing his signature in the appropriate block.
8. He submitted a certificate of birth, dated (issued) 4 October 2010 that lists his DOB as 10 February 1929.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of 28 November 1929 upon his induction into the AUS and enlistment in the RA. He consistently used this DOB throughout his entire period of military service, including multiple enlistments or reenlistments. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct DOB He did not use the DOB that is listed on his birth certificate during the time he served in an active or inactive duty status.
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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief 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) AR20110002677
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ABCMR Record of Proceedings (cont) AR20110002677
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