IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003118 


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 DD Form 214 (Report of Separation from Active Duty) for the period ending 3 June 1974 to show his date of birth (DOB) as 13 October 1953 instead of 18 November 1953.

2.  He states the DOB on his DD Form 214 for the period ending 3 June 1974 shows 18 November 1953, but it should be October 1953.

3.  He provides his Arizona identification card issued on 7 February 2009.

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 aunt and legal guardian completed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 1 June 1971, which indicates the entry “13 October” [1953] as his DOB.  The entry was lined through and the entry “18 Nov” [1953] was handwritten.

3.  The applicant served in the Regular Army from 8 June 1971 through 3 June 1974.  He was issued a DD Form 214 for the period ending 3 June 1974 which shows in item 4 (DOB) his DOB as 18 November 1953.

4.  He also served in the Arizona Army National Guard (AZARNG) from
31 October 1987 through 14 July 1991.  His National Guard Bureau (NGB)
Form 22 (Report of Separation and Record of Service) shows his DOB as 
13 October 1953.  During this period, he completed a period of active duty service from 6 February 1991 through 18 March 1991.  Item 5 (DOB) of his DD Form 214 for this period of active service shows his DOB as 13 October 1953.

5.  A review of the documents in his service personnel record shows his DOB both as 13 October 1953 and 18 November 1953 as follows:

Document
DOB shown
DD Form 398 (Statement of Personal History), dated 9 June 1971
18 November 1953
DD Form 1584 (National Agency Check Request), dated 14 June 1971
18 November 1953
DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 8 June 1971
18 November 1953
DA Form 20 (Enlisted Qualification Record), prepared on 11 June 1971 and audited on
19 September 1973
18 November 1953

Two DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 15 August 1972 and 4 March 1974
13 October 1953
DD Form 4/1 (Enlistment/Reenlistment Document), dated 31 October 1987
13 October 1953
DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), dated
31 October 1987 
13 October 1953
DA Form 2-1 (Personnel Qualification Record – Part II), prepared on 27 January 1987 and reviewed on 9 July 1989
13 October 1953

6.  The applicant provided a copy of his Arizona identification card, issued on
7 February 2009, which shows his DOB as 13 October 1953. 

7.  He did not provide any official source documents (e.g. birth certificate or letter from the Social Security Administration), which shows his DOB.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's 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.  The applicant contends that the DOB on his DD Form 214 for the period ending 3 June 1974 should be 13 October 1953.  Although he provided a copy of his identification card reflecting his DOB as 13 October 1953, various documents in his service personnel record reflect his DOB as either 13 October 1953 or 18 November 1953.

2.  He has not provided any official source documents such as his birth certificate or a letter from the Social Security Administration, which exclusively shows his DOB as 13 October 1953.

3.  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 records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  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.


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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20110003118



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