IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018392
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 birth year as 1948.
2. He states his birth year is 1948, not 1947.
3. He provides his birth certificate.
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. On 30 September 1966, he was inducted into the Army of the United States and he was released from active duty in September 1968. On 3 September 1969, he enlisted in the Regular Army following a period of service in the U.S. Army Reserve. On 29 October 1970, he was retired for physical disability.
3. All documents in his official military personnel file (OMPF) bearing a date of birth show his birth year as 1947.
4. He provides a copy of his birth certificate issued on 29 October 2010 which shows his birth year as 1948.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's OMPF shows 1947 as his birth year of record throughout his military service.
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. 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 birth year 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 birth year will be filed in his OMPF. This should clarify any questions or confusion in regard to the difference in the birth year recorded in his OMPF and to satisfy his desire to have the birth year recorded on his birth certificate documented in his 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 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) AR20110018392
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ABCMR Record of Proceedings (cont) AR20110018392
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