IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110014148
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of birth as Monterrey, Mexico and his date of birth as 13 April 1945.
2. The applicant states he has to get it straight because he will use his funeral benefit.
3. The applicant provides a copy of his U.S. passport.
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 January 1964.
3. His Official Military Personnel File (OMPF) contains the following documents that show his place of birth as Primera, Texas and his date of birth as 18 January 1943:
* DD Form 4 (Enlistment Record)
* Standard Form (SF) 89 (Report of Medical History)
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 20 (Enlisted Qualification Record)
4. He was honorably released from active duty on 19 January 1967. His DD Form 214 shows his place of birth as Primera, Texas and his date of birth as
18 January 1943.
5. There is no evidence in his OMPF showing he ever listed his place of birth as Monterrey, Mexico or his date of birth as 13 April 1945.
6. His passport shows he was born in Mexico on 13 April 1945.
7. 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 place of birth and date of birth has been carefully reviewed.
2. The evidence of record shows he listed his place of birth as Primera, Texas and his date of birth as 18 January 1943 throughout his entire military career.
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 information 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 place of birth and date of birth recorded in his military records and to satisfy his desire to have his correct information documented in his OMPF.
5. Based on the foregoing, there is no basis to grant the requested relief.
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) AR20110014148
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ABCMR Record of Proceedings (cont) AR20110014148
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