IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000605
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 27 November 1949 vice 22 November 1949.
2. The applicant states the Army made an error when he reported to boot camp.
3. The applicant provides his DD Form 214.
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 enlistment in the Regular Army, the applicant's mother completed a DD Form 373 (U.S. Armed Forces Consent, Declaration of Parent or Legal Guardian) and listed his DOB as 22 November 1949. She authenticated this form by placing her signature in the appropriate place.
3. He enlisted in the Regular Army on 31 August 1967. Item 15 (DOB) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his DOB as 22 November 1949.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry into the Army shows his DOB as 22 November 1949.
5. His record contains various personnel, medical, and legal documents that show his DOB as 22 November 1949. He authenticated several of these documents by placing his signature in the appropriate blocks. This DOB is consistent with the DOB listed on all but two documents throughout his military service.
6. He was honorably released from active duty on 28 August 1970. Item 9 (DOB) of his DD Form 214 shows his DOB as "22 Nov 49." He authenticated this document with his signature at the time of his separation.
7. The applicant did not provide and his records do not contain evidence (such as a birth certificate) to corroborate his claim.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides 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 evidence of record shows the applicant listed his DOB as 22 November 1949 upon enlistment in the Regular Army. This DOB is consistent with the DOB recorded on all but two documents throughout his period of military service. In addition, the applicant did not provide and his records do not contain evidence (such as a birth certificate) to support his claim.
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. While it is understandable that the applicant desires have the DOB he currently uses recorded on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his service records. This should 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 the DOB he now uses documented in his official record.
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) AR20120000605
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120000605
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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