IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120000913
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct date of birth (DOB) as
30 December 1952.
2. The applicant states there was a typographical error made in preparing his DD Form 214.
3. The applicant provides a birth certificate card issued on 9 January 2012.
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 initially enlisted in the Regular Army on 12 September 1973 for a period of 2 years. The DD Form 4 (Enlistment Contract-Armed Forces of the United States) for this period lists his DOB as 20 December 1952. A DD Form 1584 (National Agency Check Request) prepared during his enlistment processing on 14 September 1973 also lists his DOB as 20 December 1952.
3. On 29 June 1976, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time lists his DOB as 20 December 1952.
4. On 30 June 1976, the applicant reenlisted for a period of 3 years. The
DD Form 4 documenting this enlistment lists his DOB as 20 December 1952.
5. All orders and other documents on file in the applicants Military Personnel Records Jacket (MPRJ) that contain a DOB list his DOB as 20 December 1952.
6. On 29 June 1979, the applicant was honorably released from active duty at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 5 years, 9 months, 15 days of total active service. The DD Form 214 he was issued at the time lists his DOB as
20 December 1952.
7. The applicant provides a birth certificate card issued by the South Carolina Bureau of Vital Statistics on 9 January 2012 that lists his DOB as 30 December 1952.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the MPRJ would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the DOB listed on his DD Form 214 has been carefully considered. However, the evidence of record confirms the applicant enlisted, served, and he was separated under the DOB of
20 December 1952, which is the DOB listed on his DD Form 214.
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 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) AR20120000913
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ABCMR Record of Proceedings (cont) AR20120000913
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