IN THE CASE OF:	 

		BOARD DATE:	    20 March 2012

		DOCKET NUMBER:  AR20110016624


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 the date of birth (DOB) on his military records.

2.  The applicant states, in effect, the DOB on his military records should be changed from "20 Axxxxx 1934" to "30 Jxxx 1936."  He states he used the DOB he was given/told from birth until he later discovered the error.  He states he needs this action taken to update his military records.

3.  The applicant provides his State of Alabama Certificate of Birth and State of North Carolina Affidavit to Amend Record 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.  On 2 October 1952, the applicant enlisted in the U.S. Army Reserve.  On     17 November 1952, he entered active duty and on 26 February 1953, he enlisted in the Regular Army.  His record shows he served through numerous stateside and overseas assignments and multiple combat deployments, and held numerous military occupational specialties within the infantry career field.  

3.  His record contains at least 6 different DD Forms 4 (Enlistment Record – Armed Forces of the United States) that document his reenlistments throughout his entire period of service.  Each form shows his DOB as "20 Axxxxx 1934."

4.  On 31 January 1979, he was honorably retired in the rank/grade of sergeant major/E-9, at the conclusion of 26 years, 2 months, and 14 days of active service.  Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty) shows his DOB as "20 Axxxxx 1934."

5.  His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as "20 Axxxxx 1934."   When required, he placed his signature where necessary.  The requested DOB does not appear in his MPRJ.

6.  He provides his State of Alabama Certificate of Birth and State of North Carolina Affidavit to Amend Record of Birth, dated 8 March 1984, that shows his DOB was previously amended by the State of North Carolina from "29 Jxxx 1936" to "30 Jxxx 1936."  

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.  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.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the DOB on his DD Form 214 should be corrected.

2.  The evidence of record shows he used "20 Axxxxx 1934" as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB.  This DOB is consistent with the DOB found on all of the documents contained in his MPRJ listing a DOB. 
3.  He submitted his amended Certificate of Birth that shows his DOB as "29 Jxxx 1936"; however, he did not use this DOB during his entire period of military service.  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 that he now desires to record his correct DOB throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant 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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20110016624



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