IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016101
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) to show his correct date of birth (DOB).
2. The applicant states his DOB is 24 February 1945, not 26 February 1945.
3. The applicant provides a copy of his Texas Standard Certificate of Birth.
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. The applicant was inducted into the Army of the United States on 5 October 1965.
3. His record contains the following documents that reflect his DOB as
26 February 1945:
* DD Form 398 (Statement of Personal History), undated
* DD Form 47 (Record of Induction), dated 5 October 1965
* DA Form 428 (Application for Identification Card), dated 5 June 1967
* Standard Form (SF) 88 (Report of Medical Examination), dated
20 September 1967
* SF 89 (Report of Medical History), dated 20 September 1967
* DA Form 20 (Enlisted Qualification Record), last reviewed by the applicant on 16 August 1967
* DD Form 214
4. His record does not contain any documents with the DOB he now claims is correct.
5. On 4 October 1967, the applicant was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 9 (DOB) of the DD Form 214 he was issued at the time shows the entry "26 Feb 45."
DISCUSSION AND CONCLUSIONS:
1. The DOB of 26 February 1945 was used consistently throughout his period of active service. There is no indication he used any other DOB or that he questioned his DOB at any time during his period of active service.
2. 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 it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's 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 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016101
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