IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110014056
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 his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) be corrected to change his date of birth (DOB) from 29 Mxx 19x2 to 17 Jxx 19x2.
2. The applicant states his legal documents need to be in order.
3. The applicant provides a letter from his wife and a copy of his birth registration certificate.
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 was inducted into the Army of the United States on 22 March 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His records contain a DD Form 47 (Record of Induction) which lists his DOB as 29 Mxx 19x2.
4. His records contain a DA Form 20 (Enlisted Qualification Record) which shows his DOB is 29 Mxx 19x2. He authenticated this document on 27 Mxx 19x7 by placing his signature on it.
5. He was honorably released from active duty on 21 March 1969. Item 9 (DOB) of his DD Form 214 lists his DOB as 29 Mxx 19x2. He authenticated this document with his signature.
6. He submitted a birth registration certificate as which listed his DOB as
17 Jxx 19x2.
7. 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. It states that 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 evidence of record shows upon his induction into the Army of the United States, the applicant's DOB was listed as 29 Mxx 19x2. He consistently used this DOB throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate place, indicating this was his correct 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 DOB in his military records as it is recorded on his birth certificate there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time and there is insufficient evidence to grant him relief in this case.
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) AR20110014056
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ABCMR Record of Proceedings (cont) AR20110014056
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