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ARMY | BCMR | CY2011 | 20110017992
Original file (20110017992.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	    23 February 2012

		DOCKET NUMBER:  AR20110017992 


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 record to show his correct date of birth (DOB) as 3 December 1944 instead of 3 December 1942.

2.  The applicant states the year of his birth date is wrong and it should be changed from 1942 to 1944.  He continues that a mistake was made when he enlisted in the Army.

3.  He provides his:

* DD Form 214 for the period ending 19 September 1968
* State of Kentucky Certificate of Live Birth, issued on 3 October 1984 

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 9 November 1966.  He successfully completed training and he was awarded military occupational specialty 94B (Cook).  On 19 September 1968, he was honorably discharged by reason of physical disability with severance pay.

3.  Item 9 (DOB) of his DD Form 214 he was issued at the time shows the entry "3 DEC 42" indicating his DOB as 3 December 1942.

4.  Review of his Official Military Personnel File (OMPF) revealed that all documents in his record requiring a DOB entry shows his DOB as 
3 December 1942.  Additionally, he signed many of these documents certifying the information provided was correct to the best of his knowledge.

5.  He provided a copy of his State of Kentucky Certificate of Live Birth, issued on 3 October 1984, that shows his DOB as 3 December 1944.

6.  Army Regulation 635-5 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.  In pertinent part, it states 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.  It appears the applicant’s DOB might have been 3 December 1944 as confirmed by his United States of America Certificate Naturalization and State of Pennsylvania Driver’s License he provided.  However, he served in and he was discharged from the Army with his DOB listed as 3 December 1942.  While his desire to have his record changed to show his correct DOB, there is no basis for compromising the integrity of the Army’s records.

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 Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document, which identifies your requested DOB as 3 December 1944, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record.

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)                                         AR20110010832



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ABCMR Record of Proceedings (cont)                                         AR20110017992



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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