IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110020545
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 show his date of birth (DOB) as 21 September 1951, versus 22 September 1951.
2. The applicant states his DOB is shown on his DD Form 214 as 22 September 1951, when in fact, his actual DOB is 21 September 1951.
3. The applicant provides his DD Form 214 and his State of Georgia Certificate of Live 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 was inducted into the Army of the United States on 4 December 1969. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 22 September 1951.
3. On 26 November 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 9 (DOB) of his DD Form 214 shows his DOB as 22 September 1951.
4. His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 22 September 1951. When required, he placed his signature where necessary. The requested DOB does not appear in his MPRJ.
5. He provides his State of Georgia Certificate of Live Birth, which shows his DOB as 21 September 1951.
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. 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. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the DOB on his DD Form 214 should be corrected.
2. The evidence of record shows he used 22 September 1951 as his DOB throughout his entire period of service, and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB. This DOB is consistent throughout all documents in his MPRJ.
3. He submitted his Certificate of Live Birth that shows his DOB as 21 September 1951; however, he did not use this DOB during his entire period of military service. 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 that he now desires to record his correct DOB throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. Therefore, in the absence of 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 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 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) AR20100016239
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020545
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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