BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110004057
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was born in 1929.
2. The applicant states his DD Form 214 does not show his correct year of birth.
3. The applicant provides his certificate of birth, an affidavit to amend record of birth, and his DD Form 214.
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 applicants military records show that he was retired for years of service in pay grade E-7 on 1 August 1969. The DD Form 214 he was issued shows he was born in 1929.
3. All of the applicant's enlistment and reenlistment contracts show he was born in 1930, and all other documents contained in his records which show a date of birth show he was born in 1930.
4. The certificate of birth and affidavit to amend record of birth both show he was born in 1929.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct year of birth under which military service was performed.
4. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
5. A copy of this Record of Proceedings will be filed in the applicants Official Military Personnel File so a record of the date of birth as shown on his certificate of birth will be available.
6. In view of the forgoing, there is no basis for granting the applicant's request.
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) AR20110004057
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