IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009199
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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 18 Nxxxxxxx xxxx instead of 30 Jxxxxxx xxxx.
2. The applicant states his birth certificate shows his DOB as 18 Nxxxxxxx xxxx.
3. The applicant provides his birth certificate and 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 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. Having had prior enlisted service, the applicant's records show he enlisted in the Regular Army (RA) on 21 May 1963. Item 15 (DOB) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his DOB as
30 Jxxxxxx xxxx. He authenticated this form by placing his signature in the appropriate block.
3. He served through multiple reenlistments in the RA and in each case his reenlistment contract listed his DOB as 30 Jxxxxxx xxxx.
4. He initiated or completed various forms during his period of military service, including the documents below. In each case, he indicated his DOB was
30 Jxxxxxx xxxx:
* Personnel Qualification Record
* Application for Identification Card
* Certificate of Clearance and/or Security Determination
* Various medical records
5. He retired on 18 September 1987 by reason of physical disability. Item 5 (DOB) on his DD Form 214 shows his DOB as 30 Jxxxxxx xxxx. He authenticated this form by placing his signature in item 21 (Signature of Member Being Separated).
6. He submitted a birth certificate with the same name as his and a DOB of 18 Nxxxxxxx xxxx.
DISCUSSION AND CONCLUSIONS:
1. Upon his enlistment in the RA, the applicant listed his DOB as 20 Jxxxxxx xxxx. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his military record. He authenticated several documents by placing his signature in the appropriate blocks indicating the date on each form was correct. He did not use the DOB that he now claims is correct during 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. 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 understood that the applicant desires to have his records corrected to show the DOB that is on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, are correct. Therefore, there is insufficient evidence to grant him relief in this case.
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) AR20110009199
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ABCMR Record of Proceedings (cont) AR20110009199
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