IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110013002
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 year of birth as 1946 instead of 1947.
2. The applicant states:
* the Birth Certificate he used from the time he started school is incorrect
* he was looking through an old family bible and he saw that his date of birth (DOB) was different from the date on the birth certificate he used from childhood
* he was told by his older brother that the DOB he was using is incorrect
* he was told by another veteran he could get his DOB changed
3. The applicant provides:
* an undated self-authored letter
* a copy of his birth certificate from the State of Texas Bureau of Vital Statistics, issued on 20 October 1997
* a copy of his birth certificate with a date stamp (year missing)
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 Regular Army on 27 May 1966 for a period of
3 years. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows he was born in the year 1947.
3. The applicant's record contains a DA Form 3027 (U.S. Army Request for National Agency Check (NAC)) that was favorably completed on 2 July 1966. The DA Form 3027 shows he was born in the year 1947.
4. Every other document in the applicant's official military personnel file (OMPF) containing a DOB shows he was born in the year 1947.
5. He was honorably released from active duty on 25 July 1969 at the expiration of his term of service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was born in the year 1947.
6. The applicant submits a copy of his birth certificate that was issued on 9 December; however, the year of issue and the DOB year are cut off.
7. He also submits a copy of his Birth Certificate that was issued on 20 October 1997. This document shows he was born in 1946.
8. Army Regulation 635-5 (Separation 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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 contentions have been noted and his supporting evidence has been considered.
2. There is no evidence contained in his OMPF that shows he was born in the year 1946. Every document contained in his record, including his record of induction and national agency check shows he was born in the year 1947.
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 it is understandable the applicant desires to now record his correct year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms his correct year of birth, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in his military record and to satisfy his desire to have his correct year of birth documented in his OMPF.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110013002
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013002
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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