IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110018721
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 item 9 (Date of Birth (DOB)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his DOB as recorded on his birth certificate.
2. The applicant states:
* his DOB is incorrect on his DD Form 214
* the entry on his birth certificate denotes his actual DOB
3. The applicant provides:
* birth certificate
* DD Form 214
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 DD Form 398 (Statement of Personal History), dated 8 March 1971, shows he declared his DOB as 5 January 1949. He was inducted into the Army of the United States on 18 March 1971. His induction record shows his DOB as 5 January 1949. He served as a laundry bath and impregnation specialist. On 15 March 1973, he was released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 9 (DOB) of his DD Form 214 shows his DOB as 5 January 1949.
4. All of the applicant's service personnel records show his DOB as 5 January 1949.
5. He provides a certified true copy of his birth certificate, dated 27 February 2009, that shows his DOB as 5 November 1950.
6. 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. All documents in the applicant's service personnel record containing a DOB show the date as 5 January 1949, which he now claims is incorrect.
2. Although the birth certificate provided by the applicant shows his DOB as 5 November 1950, the evidence of record shows he reported his DOB as 5 January 1949. It appears he appropriately served in and he was released from active duty using the DOB of 5 January 1949.
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 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.
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 different DOB recorded in his military record and to satisfy his desire to have his correct DOB 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) AR20110018721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110018721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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