IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001651
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 the date of birth (DOB) and date of induction shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DOB is 27 September 1946 and he was inducted on 10 November 1965.
3. He provides his Certificate of Birth, orders, and 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 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. On 2 November 1965, prior to being inducted, the applicant completed and signed a DD Form 398 (Statement of Personal History). Item 5 (DOB) shows he entered 28 September 1946.
3. His record includes a DD Form 47 (Record of Induction) showing he was inducted on 10 November 1965. Item 5 (DOB) of the form shows the entry "28 Sept 46."
4. On 9 November 1967, he was honorably released from active duty after completing 2 years of total active service. His DD Form 214 shows in:
* item 9 (DOB) "28 Sep 46"
* item 10c (Date Inducted) "10 Nov 67"
5. On or about 23 February 1972, he submitted a Standard Form 180 (Request Pertaining to Military Records) requesting a copy of his DD Form 214. In item 3 (DOB), he entered his DOB as "9-28-46."
6. A review of his record shows that all documents bearing a DOB show the date 28 September 1946.
7. He provides a Certificate of Birth showing his DOB is 27 September 1946.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted on 10 November 1965, but his DD Form 214 shows he was inducted on 10 November 1967. He is entitled to correction of his DD Form 214 to show the correct year of his induction.
2. The evidence of record shows he reported his DOB as 28 September 1946 during his induction processing and he used that DOB throughout his military service.
3. 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 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.
4. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his record. 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 as such.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by replacing the entry in item 10c of his DD Form 214 with the entry "10 Nov 1965."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the DOB shown on his DD Form 214.
_______ _ __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) AR20120001651
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001651
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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