BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110016708
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 amend the year of his date of birth (DOB) to show 1929 instead of 1930.
2. He states he does not know when the error occurred.
3. He provides:
* His retirement orders
* A birth certificate
* Various forms of identification
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. He enlisted in the Regular Army on 9 December 1948. His WD AGO Form
21 (Enlistment Record Regular Army of the United States) shows 1930 as the year he was born.
3. The applicants record contains the following documents which all show the year of his birth as 1930:
* WD AGO Form 20 (Soldiers Qualification Record)
* DA Form 873 (Certificate or Clearance and/or Security Determination under Executive Order 10450)
* DD Form 4 (Enlistment Record Armed Forces of the United States)
4. On 31 January 1969, he honorably retired after completing 20 years, 1 month, and 27 days of total active service. His DD Form 214 for this period shows 1930 as the year of his birth.
5. He provided a copy of his birth certificate, a DD Form 2 (United States Uniformed Services Retired Identification Card), and a Florida Driver License which all depict 1929 as his birth year.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided several forms of identification which verifies the correct year of his birth as 1929; however, when he enlisted in the Army he used 1930 as the year of his birth and continued to use this year throughout his military career.
2. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time, and there is insufficient evidence to grant the requested relief in this case.
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 it is understandable that he desires to now record the 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.
4. 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 information recorded in the military record and to satisfy the applicant's desire to have the correct information documented in the OMPF.
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) AR20110016708
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ABCMR Record of Proceedings (cont) AR20110016708
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