IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001623
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 military records to show his date of birth (DOB) as 25 September 1932 instead of 25 September 1931.
2. The applicant states:
* his DOB is in error
* he was 4 months underage in 1949 when he enlisted
3. The applicant provides:
* his Extract of Birth Recording
* 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 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's NME 4 (Enlistment Record United States Army) shows his DOB as 25 September 1931. He enlisted in the Regular Army (RA) on 25 May 1949 for a period of 3 years. He served in Korea and he was honorably discharged on 25 September 1952.
3. His DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 25 September 1952 shows his DOB as
25 September 1931.
4. He subsequently served in the RA from 12 July 1955 until he retired on 30 April 1972 in the rank/grade of first sergeant (1SG)/E-8.
5. His DD Forms 214 for the period ending 18 August 1963, 18 August 1969, and 30 April 1972 all show his DOB as 25 September 1931.
6. All other documents in his official military personnel file (OMPF) also show his DOB as 25 September 1931.
7. He provides a copy of his Extract of Birth Recording issued on 23 August 1949. This document shows his DOB as 25 September 1932. He also provided a copy of his U.S. Passport that shows his DOB as 25 September 1932.
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. All documents in the applicant's OMPF containing a DOB show his DOB as
25 September 1931, which he now claims is incorrect.
2. Although the Extract of Birth Recording and U.S. Passport provided by the applicant shows his DOB as 25 September 1932, the evidence of record shows he reported his DOB as 25 September 1931 throughout his service. It appears he appropriately served in and he was retired from active duty using the DOB of 25 September 1931.
3. 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 Army's records at this late date.
4. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his 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) AR20120001623
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001623
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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