BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003037 


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 all his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth as 12 November 1935 instead of 18 August 1932.

2.  The applicant states his date of birth is incorrect on his DD Forms 214.

3.  The applicant provides his DD Form 2 (Retired) (U.S. Uniformed Services Identification Card).

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 military record shows he served in the U.S. Army Reserve, active Air Force, and Air Force Reserve prior to his enlistment in the Regular Army on 29 May 1965.  He reenlisted in the Regular Army on 28 May 1968 and he served continuously through subsequent reenlistments.

3.  All his available DD Forms 4 (Enlistment Record) and all other documents in his military personnel record containing a date of birth show his date of birth as 18 August 1932.

4.  His final DD Form 214 shows he was retired from active duty on 31 December 1979 by reason of sufficient service for retirement in pay grade E-6.  This and all other DD Forms 214 contained in his record shows his date of birth as 18 August 1932.
 
5.  The applicant provided a DD Form 2 that shows his date of birth as 12 November 1935.

6.  Army Regulation 635-5 (Separation Documents) 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.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 2 the applicant provided shows his date of birth as 12 November 1935.  However, all available DD Forms 4, DD Forms 214, and all other documents in his record containing a date of birth show a date of birth of
18 August 1932.  He enlisted, served, and retired from the Army with his record showing his date of birth as 18 August 1932.  There is insufficient evidence of record or independent evidence that suggests the date of birth recorded in his military record was a material error.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 record, there is not a sufficiently compelling reason for compromising the integrity of the Army’s 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 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 to satisfy his desire to have his correct DOB documented in his OMPF.

4.  This Board does not have any authority over Air Force records.  He retains the option to petition the Air Force Board for Correction of Military Records (AFBCMR) to change his date of birth in those records.  Should he elect to do so, the following is provided for his information:

U.S. Air Force
Board for Correction of Air Force Records
SAF/MRB
550-C Street West, Suite #40
Randolph AFB, TX  78150-4742
Phone:  (800) 534-0102
Web Site: http://www.arpc.afrc.af.mil/library/factsheets/factsheet.asp?id=9018

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110003037



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ABCMR Record of Proceedings (cont)                                         AR20110003037



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