IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110020655
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 30 May 19XX, not 28 May 19XX.
2. The applicant states he just ordered a new Puerto Rico birth certificate.
3. The applicant provides a certified 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. The applicant's DD Form 4 (Enlistment/Reenlistment Agreement) shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 21 November 1977. On 8 January 1978, he was discharged from the DEP and enlisted in the Regular Army for 4 years on 9 January 1978. His enlistment contract shows his DOB as 28 May 19XX. The applicant signed this form.
3. The applicant's service records contain the following documents which list his DOB as 28 May 19XX:
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Form 428 (Application for Identification Card) which he filled out by hand and signed on 8 January 1984
* Personnel Qualification Record, Part I
* Standard Form 88 (Report of Medical Examination) which he completed on 30 March 1984
4. Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty.
DISCUSSION AND CONCLUSIONS:
1. All documents in the applicant's service records reflect his DOB as 28 May 19XX. The applicant now provides his Puerto Rico birth certificate showing his DOB as 30 May 19XX.
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 that the applicant desires to now record the requested 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. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including his DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
4. The applicant is advised that a copy of this decisional document will be filed in his service record. This should serve to clarify any questions or confusion in regard to the DOB recorded in his military record and to satisfy his desire to have the requested DOB documented in his 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) AR20110020655
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ABCMR Record of Proceedings (cont) AR20110020655
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