IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024934
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 xx Oxxxxxx 1939 instead of x Oxxxxxx 1941.
2. The applicant states at the time of induction his DOB was listed as x Oxxxxxx 1941 on his green card.
3. The applicant provides his DD Forms 214 and Court Order for a Citizenship 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. In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as x Oxxxxxx 1941. He authenticated this form by placing his signature in the appropriate block.
3. His records show he was inducted into the AUS on 16 February 1966. Item
6 (DOB) of his DD Form 47 (Induction Record) lists his DOB as x Oxxxxxx 1941.
4. His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his DOB as x Oxxxxxx 1941. He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain various documents, including Reports of Medical Examination, Certificate of Clearance and/or Security Determination, a record of emergency data, and application for identification card lists his DOB as it is listed on his induction record. He authenticated these documents when it was appropriate by placing his signature in the appropriate block.
6. He was honorably released from active duty on 15 February 1968. Item 9 (DOB) of his DD Form 214 lists his DOB as x Oxxxxxx 1941. He authenticated this form by placing his signature in the appropriate block.
7. He submitted a court order authorizing him the issuance of a replacement Certificate of Citizenship.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of x Oxxxxxx 1941 upon induction into the AUS. This DOB is consistent with various documents in his records throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB. He did not use the DOB that he now requests to be documented on his records.
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. 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. Therefore, absent 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 him relief in this case.
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) AR20110024934
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024934
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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