IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012930
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 records to show his date birth (DOB) as 1 September 1947 instead of 1 September 1946.
2. The applicant states the incorrect DOB was recorded at the time of enlistment and retirement. He contends that the correction has already been completed in the Defense Enrollment Eligibility Reporting System (DEERS) but it needs to be corrected on his retired pay or it will revert to the incorrect date in DEERS.
3. The applicant provides his Missouri Birth Certification issued on 27 April 2009.
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. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 January 1964 for a period of 6 years. His DD Form 4 (Enlistment Record Armed Forces of the United States) and DD Form 373 (Consent, Declaration of Parent or Legal Guardian), both dated 15 January 1964, show his DOB as 1 September 1946.
3. On 21 March 1965, he was discharged from the USAR for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 22 March 1965 for a period of 3 years. The DD Form 4 for this enlistment shows his DOB as
1 September 1946. He continued his service through a series of reenlistments. Each of his subsequent DD Forms 4 show his DOB as 1 September 1946. He was retired for length of service on 31 August 1986.
4. His entire Official Military Personnel File (OMPF), including four DD Forms 214, lists his DOB as 1 September 1946. There is no evidence showing he ever listed his DOB as 1 September 1947.
5. His Missouri Birth Certification shows his DOB as 1 September 1947.
6. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show a different DOB has been carefully considered.
2. The evidence of record shows he served under the DOB of 1 September 1946 throughout his entire military career. Therefore, there is no basis for granting his requested relief.
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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While his desire to now record his correct DOB in his military records is understandable, there is not
a sufficiently compelling reason for compromising the integrity of the Army's records.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military records and to satisfy his desire to have his correct 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) AR20110012930
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ABCMR Record of Proceedings (cont) AR20110012930
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