BOARD DATE:	1 December 2011

		DOCKET NUMBER:  AR20110011976 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect that his date of birth (DOB) is August instead of February as currently reflected. 

2.  The applicant states, in effect, that his DD Form 214 incorrectly reflects his DOB is February instead of August.  He goes on to state that he entered the Army through the Texas Army National Guard (TXARNG) and the TXARNG got his DOB incorrect and the error continued when he transferred to the Regular Army.  He continues by stating that he desires his DOB to be corrected so his headstone will be correct when he dies and he is buried in a National Cemetery.

3.  The applicant provides a one-page letter explaining his application and copies of his birth certificate, driver license, Social Security Card, 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.  The applicant enlisted in the TXARNG on 18 February 1965 and indicated his DOB was XX February XXXX.  Using this DOB he was 17 years and 3 days of age.

3.  He was ordered to active duty for training (ACDUTRA) on 16 March 1965.  He completed his training as a field artillery crewman at Fort Sill, Oklahoma and was honorably released from ACDUTRA on 22 July 1965.  The DD Form 214 issued at the time of his release from ACDUTRA reflects that his DOB is XX February XXXX.

4.  On 23 June 1966, he enlisted in the Regular Army for a period of 3 years.  His DOB was reflected as XX February XXXX which made him 18 years, 4 months and 8 days of age.  

5.  On 18 November 1966, he was discharged.  His DD Form 214 reflects his DOB as XX February XXXX, the date he used throughout his period of service.

6.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that information on the DD Form 214 will be obtained from official documents contained from an individual’s official records at the time of separation.  The DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted documents to show his DOB is August instead of February; however, he has not provided a sufficient explanation as to why he served his entire period of military service using the February DOB.  

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 understandable the applicant desires to now record his legal 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.

3.  Inasmuch as the applicant served all of his time using the February DOB there appears to be no basis to change his records 45 years after the fact to reflect a different DOB.

4.  The applicant is advised that a copy of this decisional document 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 August DOB documented in his OMPF.

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)                                         AR20110011976



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ABCMR Record of Proceedings (cont)                                         AR20110011976



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