IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020831
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 4. (Date of Birth (DOB)) on his DD Form 214 (Report of Separation from Active Duty) to show 30 October 1953 instead of 31 October 1953.
2. The applicant states he went to get his drivers license renewed and his DOB on his Birth Certificate is 31 October 1953.
3. The applicant provides copies of his Certificate of Live Birth and his 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 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 enlisted in the U.S. Army Reserve (USAR) on 29 March 1973. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows 31 October 1953 as his DOB.
3. On 7 May 1973, he enlisted in the Regular Army. His DD Form 4 shows 31 October 1953 as his DOB.
4. A review of the applicants official military personnel file (OMPF) show 31 October 1953 on every document contained therein requiring the use of his DOB.
5. He was honorably released from active duty on 6 May 1976. Item 4. on his DD Form 214 shows his DOB as 31 October 1953.
6. The applicant submits a copy of his Certificate of Live Birth that shows his DOB as 30 October 1953.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. The Army has an interest in maintaining its records for historical purposes. The information contained therein should reflect an individuals service as it existed at the time of release from active duty, retirement or discharge
3. Although his submits a copy of his Certificate of Live Birth showing his DOB as 30 October 1953, the applicant served in the Army using 31 October 1953 as his DOB and the same date is showing on every document contained in his OMPF, requiring the use of his DOB. Therefore, it would not be appropriate to amend his DD Form 214 to show a different DOB. A copy of his Certificate of Live Birth will be placed in his official military record for future reference.
4. In view of the foregoing, the applicants request should be denied.
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) AR20110020831
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ABCMR Record of Proceedings (cont) AR20110020831
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