IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001891
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
22 December 1968 to show his correct date of birth (DOB) as 20 March
1945 instead of 26 January 1945.
2. The applicant states, in effect, that his DOB is incorrect and needs to be corrected.
3. He provides his:
* DD Form 214 for the period ending for the period ending 22 December 1968
* Birth Certificate from the Republic of Honduras, issued 31 March 2005
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 enlisted in the Regular Army on 5 January 1966. He retired from the Army on 31 January 1992. He had served his entire career under the last name P-----e.
3. Item 9 (DOB) of his 22 December 1968 DD Form 214 shows the entry
"26 JAN 45," indicating his DOB as 26 January 1945.
4. Review of his Official Military Personnel File (OMPF) revealed that all documents in his record requiring a DOB entry shows 26 January 1945. Additionally, he signed many of these documents certifying the information provided was correct to the best of his knowledge.
5. He provided a copy of his birth certificate from the Republic of Honduras, issued on 31 March 2005, which shows his DOB as 20 March 1945. This birth certificate pertains to an individual by name of K-----h.
6. Army Regulation 635-5 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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. Although the applicant provided a birth certificate from the Republic of Honduras which indicates his DOB as 20 March 1945, his military records consistently show his DOB as 26 January 1945. In addition, it cannot be determined that the birth certificate pertains to him, as the name on the certificate is not the same as the name under which he served while in the Army.
2. 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 Armys records at this late date.
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) AR20120001891
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001891
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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