BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110019067 


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 the date of birth (DOB) recorded in his military service records.

2.  The applicant states his DOB is shown as "12 June 1947"; however, it should be "29 June 1947."

3.  The applicant provides copies of his birth certificate, social security card, and three separation documents.

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 47 (Record of Induction) shows he was inducted into the Army of the United States (AUS) on 19 October 1966.  Item 6 (DOB) shows 12 June 1947.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 9 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  Item 9 (DOB) shows 12 June 1947.

4.  The applicant enlisted in the Regular Army (RA) on 30 October 1968 and served continuously until he honorably retired from active duty on 30 November 1996.

	a.  Nine DD Forms 4 (Enlistment or Reenlistment Agreement/Document – Armed Forces of the United States), dated 30 October 1968, 30 July 1974, 30 April 1977, 31 January 1980, 15 June 1982, 18 March 1985, 3 December 1987, 20 March 1989, and 15 June 1992, show the applicant's DOB was recorded as 12 June 1947.

	b.  Three DD Forms 214 with effective dates of 29 July 1974, 29 April 1977, and 30 November 1996 show the applicant's DOB was recorded as 12 June 1947.

5.  The applicant provides a copy of his birth certificate and social security card in support of his application.  The birth certificate shows "W____ J. W____" was born on 29 June 1947.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's retirement from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the official military personnel file (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DOB in his military service records should be corrected because his birth certificate shows he was born on 29 June 1947.

2.  The evidence of record shows that at the time the applicant was inducted in the AUS on 19 October 1966 and his subsequent enlistment in the RA on 30 October 1968, he confirmed that his DOB was 12 June 1947.  The evidence of record also shows the applicant's DOB was consistently recorded in his official military service records as 12 June 1947 throughout the entire period of his military service (i.e., through 30 November 1996).

3.  Considering all the evidence and information presented by the applicant together with the evidence of record, applicable law, and regulations, the documents provided by the applicant are insufficient evidence to warrant a change to his DOB in his Army service records, including his DD Forms 214.

4.  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.  Thus, there is no basis for granting the applicant's request to change the DOB in his Army records or on his separation documents because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  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 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.

5.  The applicant is advised that a copy of this decisional document which confirms his correct DOB 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 Army records and to satisfy his desire to have his correct DOB documented in his OMPF.

6.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20110019067



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019067



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1