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ARMY | BCMR | CY2012 | 20120000055
Original file (20120000055.txt) Auto-classification: Denied

		

		BOARD DATE:	    19 June 2012

		DOCKET NUMBER:  AR20120000055


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 30 August 1960 versus 31 August 1960.

2.  The applicant states the incorrect DOB entry on his DD Form 214 was accidental.

3.  The applicant provides copies of his DD Form 214, State of Texas Certificate of Birth, and U.S. Passport.

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 26 June 1979.  Item 7 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as 31 August 1960.

3.  On 30 June 1995, he was honorably retired from active duty.  Item 5 (DOB) of his DD Form 214 shows his DOB as 31 August 1960.

4.  On 1 July 1995, he was placed on the Retired List in the rank/grade of sergeant first class/E-7.

5.  His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 31 August 1960.  When required, he placed his signature where necessary.  The requested DOB does not appear in his MPRJ.

6.  He provides copies of his State of Texas Certificate of Birth and U.S. Passport which show his DOB as 30 August 1960.

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.  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 on his DD Form 214 should be corrected to show 30 August 1960.

2.  The evidence of record shows he listed 31 August 1960 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 this DOB.  This DOB is consistent throughout all documents in his MPRJ.

3.  He submitted copies of his State of Texas Certificate of Birth and U.S. Passport which show his DOB as 30 August 1960.  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 the DOB shown on his State of Texas Certificate of Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  In the absence of 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 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 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)                                         AR20120000055



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