BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110003556
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 date of birth (DOB) be changed from 14 to 15 Axxxx xxxx.
2. The applicant provides no statement as to why the error occurred.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and a birth certificate.
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 served on active duty from 16 August 1962 through 27 July 1964, this service included 1 year, 6 months, and 15 days in Vietnam.
3. All documents contained in the applicant's official record including his enlistment contract and DD Form 214 show his DOB as 14 Axxxx xxxx.
4. The applicant's birth certificate was issued on 20 July 1976 from data filed on 2 May 1942 with the State of North Carolina.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents to be furnished to each individual separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted using the DOB of 14 Axxxx xxxx, he served using this DOB, and he was released with this DOB. 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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
2. While it is understandable the applicant desires to now correct his DOB, to show the date that is shown on his birth certificate this is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. However, this Record of Proceedings will be filed in the applicant's official military personnel file to clear up any questions that may arise regarding his DOB.
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.
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