IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110017567
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 his date of birth (DOB) as 27 July 1941 instead of 28 October 1939.
2. The applicant states the DOB is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214 and 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's records show he was inducted into the Army of the United States (AUS) on 26 April 1963. Item 6 (DOB) of his DD Form 47 (Induction Record) listed his DOB as 28 October 1939.
3. His contemporaneous DA Form 20 (Personnel Qualification Record) which was created upon his induction listed his DOB as 28 October 1939. He reviewed this form on multiple occasions and placed his signature in the appropriate block.
4. His official records contain at least one document, a DA Form 41 (Record of Emergency Data) listing his DOB as 28 October 1939. He authenticated this form by placing his signature where necessary.
5. He was honorably released from active duty on 23 April 1965. Item 6 (DOB) of his retirement DD Form 214 lists his DOB as 28 October 1939. He authenticated this form by placing his signature in the appropriate block.
6. He submitted a certificate of birth that lists his DOB as 27 July 1941.
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. It states that 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 used the DOB of 28 October 1939 upon his induction into the AUS. This DOB is consistent with at least one official document in his records that also lists his DOB as 28 October 1939. He authenticated this document by placing his signature in the appropriate block, indicating this was his correct DOB He did not use the DOB that is listed on his birth certificate during the time he served in an active or inactive duty status.
2. 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the DOB that is on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, absent 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 him relief in this case.
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) AR20110017567
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017567
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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