IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000008
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 Stated Report of Transfer or Discharge) to show his date of birth (DOB) as "18 August 1945" instead of "19 August 1945."
2. The applicant states his mother had always told him his birthday was on
"19 August 1945"; however, he recently requested a copy of his birth certificate and learned his birthday was "18 August 1945."
3. The applicant provides a copy of 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 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 Regular Army on 30 September 1963 for a period of 3 years. He held military occupational specialty 63B (wheeled vehicle mechanic). The highest grade/rank he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DD Form 4 (Enlisted Record Armed Forces of the United States) shows his DOB as "19 August 1945."
4. His DA Form 20 (Enlisted Qualification Record) shows his DOB as
"19 August 1945."
5. On 12 September 1966, he was honorably released from active duty as an overseas returnee. His DD Form 214 shows his DOB as "19 August 1945."
6. His military records do not contain any documents that list his DOB as
"18 August 1945."
7. He provided a copy of his Certificate of Live Birth that lists his DOB as
"18 August 1945."
8. 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 evidence of record shows upon the applicant's enlistment in the Regular Army, his DOB was listed as "19 August 1945." He used this DOB throughout his entire period of military service.
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 Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his official military records. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in his military records.
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.
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