IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001675
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 July 1981 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show his DOB as 30 November 1962.
2. The applicant states his date of birth was entered as 21 October 1962 but it is 30 November 1962. He further states he recently attempted to enroll in the Department of Veterans Affairs (DVA) health care system when his DOB error was discovered. He was told he needed to correct this error in order to continue with the enrollment process.
3. The applicant provides his:
* Certificate of Live Birth
* DD Form 214
* NGB Form 22
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 applicants DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his DOB as 21 October 1962. He enlisted in the Army National Guard on 31 October 1979. He was ordered to active duty on
1 June 1981 for training, and he was honorably released from active duty on
23 July 1981.
3. Item 5 (DOB) of his DD Form 214 shows his DOB as 21 October 1962.
4. He was honorably discharged from the Army National Guard on 30 October 1989 at the expiration of his term of service.
5. Item 7 (DOB) of his NGB Form 22 shows his DOB as 21 October 1962.
6. All documents of his service personnel records reflecting his DOB show his DOB as 21 October 1962.
7. He provides a copy of his Certificate of Live Birth issued on 20 December 2001 that shows his DOB as 30 November 1962.
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 service personnel record containing a DOB shows his DOB as 21 October 1962, which he now claims is incorrect.
2. Although the Certificate of Live Birth provided by the applicant shows his DOB as 30 November 1962, the evidence of record shows he reported his DOB as
21 October 1962 during his active and inactive military service. It appears he appropriately served in and he was released from the Army National Guard and active duty using the DOB of 21 October 1962.
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 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) AR20120001675
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ABCMR Record of Proceedings (cont) AR20120001675
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