IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110025008 


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 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 18 July 1948 instead of 18 July 1947.

2.  The applicant states his birth certificate shows his DOB as 18 July 1947.  He states when he enlisted in the U.S. Army he had a certificate of birth registration, not a birth certificate.  His DOB was wrong on the certificate of registration.  
He now has a correct birth certificate and he needs to get his DOB corrected.

3.  The applicant provides his 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.  Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army and he entered active duty on 14 June 1978.

3.  He served in a variety of stateside or overseas assignments and he attained the rank of chief warrant officer three (CW3).

4.  He initiated or completed various forms during his military service as a warrant officer including the below documents.  In each case, he listed his DOB or his DOB is listed as 18 July 1947:

* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 4 December 1979
* DA Form 428 (Application for Identification Card), dated 16 September 1985
* Officer Record Brief, dated May 1986
* DA Form 4240 (Data for Payment of Retired Army Personnel), dated
3 November 1986

5.  On 31 January 1987, he retired for length of service and he was placed on the Retired List in his retired rank of CW3 on 1 February 1987.  Item 5 (DOB) of his DD Form 214 shows the entry "470718" (18 July 1947).  He authenticated this form with his signature.

6.  He submitted a Certificate of Live Birth with the same name and a DOB as
18 July 1948.

7.  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.  It states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had prior enlisted service.  It is unclear what DOB he used during that period of service.  However, subsequent to his appointment as a warrant officer and entry on active duty in 1978, he used the DOB of "18 July 1947."  This DOB is consistent with several documents in his service record throughout his military service as a warrant officer.  He authenticated several 

documents by placing his signature in the appropriate block, indicating this was his correct DOB.  He did not use the DOB that is listed on the Certificate of Live Birth he provided with his application during the time he served as a warrant officer.

2.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the applicant desires to now record his correct 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 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, which confirms his correct DOB, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his OMPF.

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)                                         AR20110025008



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ABCMR Record of Proceedings (cont)                                         AR20110025008



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