BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011084
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 military records to show the day of his date of birth (DOB) from 18 to 19.
2. The applicant states his family had told him since his birth he was born on the 18th of the month. When he applied for social security benefits he discovered he was born on the 19th of the month.
3. The applicant provides:
* a Probate Judge's Office, Franklin County, Certified Abstract of Birth
* his DD Form 214 (Report of Separation from Active Duty)
* a letter from the Department of Veterans Affairs (VA), dated 10 May 2011
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. He enlisted in the Regular Army on 31 March 1954 for a period of 3 years. He was released from active duty on 29 March 1957. On 29 April 1957, he again enlisted in the Regular Army and served continuously until his retirement on 30 June 1975.
3. His initial application for enlistment and his initial DD Form 4 (Enlistment Record Armed Forces of the United States) are not available for review.
4. His DD Forms 4, dated 29 April 1957, 29 July 1963, and 29 July 1969, show his DOB as the 18th of the month.
5. His DD Forms 214 with separation dates of 29 March 1957, 28 July 1969, and 30 June 1975 show his DOB as the 18th of the month.
6. On 31 March 1971, he signed a DD Form 398 (Statement of Personal History) showing his DOB as the 18th of the month.
7. On his DA Form 20 (Enlisted Qualification Record), his DOB is recorded as the 18th of the month.
8. The Probate Judge's Office, Franklin County, Certified Abstract of Birth he submitted shows his DOB as the 19th of the month.
DISCUSSION AND CONCLUSIONS:
1. His initial application for enlistment and initial enlistment contract are not available for review. All other documents in his Military Personnel Records Jacket (MPRJ) showing his DOB record it as the 18th of the month.
2. His birth certificate shows his DOB as the 19th of the month.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that might arise regarding the difference in DOB. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served.
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 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) AR20110011084
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ABCMR Record of Proceedings (cont) AR20110011084
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