BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110021536
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 date of birth (DOB) as shown in his records.
2. The applicant states his DOB is incorrect.
3. The applicant provides his State of Texas 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 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 enlisted in the Regular Army on 22 June 1962. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 22 June 1944.
3. On 31 July 1982, he was honorably retired from active duty. Item 5 (DOB) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows his DOB as 22 June 1944.
4. His Military Personnel Records Jacket and Official Military Personnel File contain various official documents that primarily show his DOB as 22 June 1944; however, there are at least two instances where his DOB is shown as 22 January 1944. When required, he authenticated these forms by placing his signature where necessary. The requested DOB does not appear in his MPRJ.
5. He provides his State of Texas birth certificate, which shows his DOB as 22 October 1945.
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 in his records should be corrected.
2. The evidence of record shows he used 22 June 1944 and 22 January 1944 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 these dates of birth.
3. He submitted his birth certificate that shows his DOB as 22 October 1945; 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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ABCMR Record of Proceedings (cont) AR20110021536
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