IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001864
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 that his date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to 31 May.
2. The applicant states his DD Form 214 incorrectly shows his DOB as 30 May.
3. The applicant provides copies his DD Form 214 and a 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. The applicant served on active duty from 20 March 1968 through 12 March 1970.
3. The available record does not contain a copy of his enlistment contract.
4. With the exception of one document, that shows a DOB of 5 May, all other documents in his file show a DOB of 30 May.
5. The birth certificate shows a DOB of 31 May.
DISCUSSION AND CONCLUSIONS:
1. The Army has an obligation, for historical purposes, to maintain records as they were constituted at the time of creation. The fact that the applicant wants to change his date of birth some 30 years after his military service ended is insufficient to justify changing his military records, as they were originally constituted.
2. A copy of this decisional document, along with the application and the supporting evidence provided, which shows his date of birth as 31 May on his birth certificate, will be filed in his Official Military Personnel File.
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) AR20120001864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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