IN THE CASE OF:
BOARD DATE: 20 December 2011
DOCKET NUMBER: AR20110013015
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 November 1972 to show his year of birth as 1932.
2. The applicant states that when he joined the U.S. Army in August 1948, his mother thought he was 17 years of age when, in fact, he was only 16 years of age. He tried several times to change his military record to show his correct year of birth, but apparently it still shows incorrectly.
3. The applicant provides copies of his birth certificate, DD Form 214, and Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).
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. A Certificate of Consent, dated 6 August 1948, shows the applicant's mother certified he was born on X April 1931. The certificate was subsequently notarized on 17 August 1948.
3. A review of the applicant's military records shows he initially enlisted in the Regular Army on 23 August 1948. He served through several reenlistments and retired in November 1972 due to physical disability. He attained the rank of sergeant first class/pay grade E-7 and completed 20 years, 7 months, and 10 days of creditable active duty service.
4. The following documents filed in the applicant's military records show his date of birth to be X April 1931:
* WD AGO Form 21 (Enlistment Record Regular Army), dated 23 August 1948
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 May 1952
* DA Form 20 (Enlisted Qualification Record), dated 1 November 1954
* DD Form 214 for the period ending 5 December 1958
* DD Form 214 for the period ending 13 October 1964
* DD Form 214 for the period ending 13 October 1967
* DA Form 20, dated 1 January 1965
* DD Form 214 for the period ending 22 November 1972
5. The applicant provides a copy of his birth certificate issued on 3 January 2003 by the County Clerk, El Paso County, Texas. This document reports the applicant's date of birth as X April 1932.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending 22 November 1972 should be corrected to show his year of birth as 1932.
2. The applicant enlisted in the Regular Army reporting his date of birth as X April 1931. This date was consistently used throughout his 20-year service.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document concerning his date of birth will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the date of birth shown on his birth certificate and the date recorded in his military record.
5. In view of the above, the applicant's request should be denied.
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) AR20110013015
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ABCMR Record of Proceedings (cont) AR20110013015
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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