BOARD DATE:	    3 November 2011

		DOCKET NUMBER:  AR20110010864 


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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as "12 November 1943" vice "1 November 1942."

2.  The applicant states his DD Form 214 shows his DOB as "1 November 1942" and his correct DOB is "12 November 1943."

3.  The applicant provides 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 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 active service, the applicant's records show he enlisted in the Regular Army on 9 July 1962 and he held military occupational specialties 76Y (Unit Supply Specialist) and 11B (Light Weapons Infantryman).  

3.  His initial enlistment contract is not available for review with this case; however, a DD Form 47 (Record of Induction), dated 27 April 1962, shows his DOB as "1 November 1942."

4.  He was discharged for the purpose of immediate reenlistment on 8 July 1964.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.

5.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 15 February 1969, shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.

6.  He was discharged for the purpose of immediate reenlistment on 24 February 1969.  The DD Form 214 he was issued for this period of service shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.

7.  A DD Form 4, dated 24 January 1975, shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.  

8.  He was discharged for the purpose of immediate reenlistment on 23 January 1975.  The DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.

9.  A DA Form 428 (Application for Identification Card), dated 12 April 1977, shows his DOB as "1 November 1942."  He authenticated this form by placing his signature in the appropriate block.

10.  A DD Form 1584 (National Agency Check Request), dated 22 January 1980, shows his DOB as "1 November 1942." 

11.  A DA Form 873 (Certificate of Clearance and/or Security Determination), dated 30 June 1980, shows DOB as "1 November 1942."

12.  He was honorably retired from active duty on 31 January 1982.  He completed 20 years and 22 days of creditable active service.  Item 5 (DOB) of his final DD Form 214 shows his DOB as "1 November 1942."

13.  The applicant provides a State of Florida Birth Certificate, dated 19 January 1972, wherein it shows a child with the same name as the applicant was born on "12 November 1943."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DOB was listed as "1 November 1942" upon his initial entry into active duty.  This DOB is consistent with the DOB used on various documents during his period of military service.  He authenticated many documents by placing his signature in the appropriate place indicating his DOB was correct.  He did not use the DOB that he now claims 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 the DOB listed on his birth certificate listed in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

2.  The applicant is advised that a copy of this decisional document, 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.

3.  In view of the foregoing, 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)                                         AR20110010864



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ABCMR Record of Proceedings (cont)                                         AR20110010864



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