IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120001664
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 records to show his date of birth (DOB) as x0 Jxx 1949 instead of x1 Jxx 1949.
2. The applicant states, in effect, his DOB is incorrect in his military records and he desires them corrected for personal reasons and to correct his Department of Veterans Affairs (VA) and Social Security benefits paperwork.
3. The applicant provides a copy of his birth certificate.
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. In connection with his induction into the Army of the United States (AUS) the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as x1 Jxx 1949. He authenticated this form by placing his signature in the appropriate block.
3. His records show he was inducted into the AUS on 9 May 1968. Item 5
(DOB) of his DD Form 47 (Induction Record) lists his DOB as x1 Jxx 1949.
4. His contemporaneous DA Form 20 (Enlisted Qualification Record) which was created upon his induction lists his DOB as x1 Jxx 1949. He reviewed this form at a later date and placed his signature in the appropriate block.
5. His official records contain various documents, including Reports of Medical Examination, Certificate of Clearance and/or Security Determination, a record of emergency data, and application for identification card that list his DOB as it is listed on his induction record. He authenticated these documents when it was appropriate by placing his signature in the appropriate block.
6. He was released from active duty on 15 January 1969. Item 9 (DOB) of his DD Form 214 lists his DOB as x1 Jxx 1949. He authenticated this form by placing his signature in the appropriate block.
7. He provides a copy of his birth certificate which lists his DOB as x0 Jxx 1949.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant used the DOB of x1 Jxx 1949 upon induction into the AUS. This DOB is consistent with various documents in his records throughout his period of military service. He authenticated several documents in his record by placing his signature in the appropriate block indicating this was his correct DOB. He did not use the DOB that he now requests to be documented on his records.
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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to now record the requested 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.
3. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.
4. The applicant is advised that a copy of this decisional document which confirms his correct DOB will be filed in his military record. This should serve to clarify any questions or confusion in regard to the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his military 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 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) AR20120001664
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001664
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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