IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005417
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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 21 March 1944 instead of 21 October 1943.
2. The applicant states he enlisted in the Regular Army at age 16; but his records were changed to show he enlisted at age 17 to make him eligible for enlistment.
3. The applicant provides no additional evidence.
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. In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 21 October 1943. He authenticated this form by placing his signature in the appropriate place.
3. He enlisted in the Regular Army on 28 October 1960. Item 15 (DOB) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his DOB as 21 October 1943.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry into the Army shows his DOB as 21 October 1943.
5. His record contains various personnel, medical, and legal documents that listed his DOB as 21 October 1943. He authenticated several of these documents by placing his signature in the appropriate blocks. There were no documents that listed his DOB as 21 March 1944.
6. He was discharged for the purpose of immediate reenlistment on 30 October 1962. Item 6 (DOB) of his DD Form 214 shows his DOB as 21 Oct 43.
7. He was ultimately discharged on 1 November 1968. Item 9 (DOB) of his DD Form 214 shows his DOB as "21 Oct 43.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon enlistment in the Regular Army, the applicant listed his DOB as 21 October 1943. This DOB is consistent with the DOB listed on all personnel documents throughout his period of military service.
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. While it is understandable the applicant desires have the DOB that he currently uses recorded on his DD Forms 214 there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his service records. This should clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and satisfy his desire to have the DOB he now uses documented in his official record.
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) AR20110005417
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ABCMR Record of Proceedings (cont) AR20110005417
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