IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110013679
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 to the date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DOB is incorrectly listed as 3 June 1947 and should be 12 April 1948.
3. He provides copies of his birth certificate 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. His record shows he was inducted into the Army of the United States on 27 October 1966. His DD Form 47 (Record of Induction) lists his DOB as 3 June 1947.
3. The applicant's military record contains a DD Form 398 (Statement of Personal History) which he completed and signed on 27 October 1966 that lists his DOB as 3 June 1947.
4. He was honorably released from active duty on 25 October 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).
5. Item 9 (DOB) of his DD Form 214 lists his DOB as 3 June 1947.
6. He provides a Delayed Certificate of Birth and Affidavits from the Commonwealth of Kentucky Department for Public Health State Registrar of Vital Statistics filed on 27 August 2002. The certificate shows an individual with the applicant's same first, middle, and last name was born on 12 April 1948.
DISCUSSION AND CONCLUSIONS:
1. The evidence the applicant submitted is not sufficient to show an error exists for changing his DD Form 214. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show the birth date he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his official military personnel file for reference purposes.
3. In view of the foregoing, there is no basis for granting his 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 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) AR20110013679
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ABCMR Record of Proceedings (cont) AR20110013679
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