IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015833
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 (Report of Separation from Active Duty).
2. The applicant states the DOB shown his DD Form 214 is incorrect.
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 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 applicants military record contains a DD Form 398 (Statement of Personnel History) he completed and signed on 10 September 1973. His DOB is shown as 1 August 1955.
3. He enlisted in the Delayed Entry Program on 12 September 1973. He enlisted in the Regular Army, in pay grade E-1, on 15 September 1973. Item 21 (DOB) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his DOB as 1 August 1955.
4. He completed training and was awarded military occupational specialty 11E (Armor Crewman).
5. He was honorably released from active duty on 8 September 1975 and he was transferred to the USAR Control Group (Reinforcement).
6. Item 4 (DOB) of the DD Form 214 he was issued shows the date of 1 August 1955.
7. He provided a copy of a Commonwealth of Virginia, Certificate of Live Birth, issued on 21 October 2004. The certificate shows an individual with the applicant's same first, middle, and last names was born on 18 October 1956.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his DOB on his DD Form 398 and DD Form 4 as 1 August 1955. This DOB is consistent with the one listed in Item 4 of his DD Form 214. The evidence he 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 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) AR20110015833
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ABCMR Record of Proceedings (cont) AR20110015833
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