IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20120001031 


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 (Armed Forces of the United States Report of Transfer or Discharge) effective 22 August 1969 to show his date of birth as 8 July 1948 and his pay grade as E-5.

2.  The applicant makes no additional statement.

3.  The applicant provides copies of:

* DD Form 214 effective 22 August 1969
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 20 March 1973
* birth certificate issued 22 October 2008

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's DD Form 47 (Record of Induction), dated 6 July 1967, shows his date of birth as 9 July 1948.

3.  On 25 August 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was assigned as a cannoneer with the 44th Artillery Regiment in the Republic of Vietnam (RVN).

4.  On 16 December 1968, the applicant was advanced to specialist four/pay grade E-4.

5.  In January 1969, the applicant returned from the RVN and was assigned to Fort Bliss, Texas.

6.  On 22 August 1969, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR).  He held the rank of specialist four/pay grade E-4 and had completed 1 year, 11 months, and 28 days of creditable active duty service.

7.  The applicant's DD Form 214 shows his date of birth as 9 July 1948 and his pay grade as E-4.

8.  His DA Form 20 (Enlisted Qualification Record), signed by the applicant and dated 13 July 1974, shows his date of birth as 9 July 1948.  This form also shows the applicant was promoted to the rank of specialist five/pay grade E-5 with a date of rank of 2 February 1972.

9.  The applicant's DD Form 4 shows he immediately reenlisted in the USAR in the rank of specialist five/pay grade E-5 on 20 March 1973.  This form also shows his date of birth as 9 July 1948.

10.  The applicant's DD Form 398 (Statement of Personal History), dated 16 March 1977, shows he reported his date of birth as 9 July 1948.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 effective 22 August 1969 should be corrected to show his date of birth as 8 July 1948 and his pay grade as E-5.

2.  The available evidence of record clearly shows the applicant recorded his date of birth as 9 July 1948 before his entry on active duty in 1967 and continued the use of that birth date throughout his active duty service and during his subsequent service in the USAR.

3.  The evidence of record clearly shows the applicant held the rank of specialist four/pay grade E-4 at the time of his REFRAD in 1969.  He was not promoted to specialist five/pay grade E-5 until 1972, as a member of the USAR.

4.  There is no apparent error or injustice with regard to the applicant's active duty record concerning the date of birth he used while serving in the military or his pay grade.

5.  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.

6.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in his date of birth shown as on his birth certificate and the date recorded in his military record.

7.  In view of the above, the applicant's request should be denied.

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)                                         AR20120001031



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ABCMR Record of Proceedings (cont)                                         AR20120001031



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