BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002692 


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 Forms 214 (Report of Separation from Active Duty) and (Armed Forces of the United States Report of Transfer or Discharge) to show the year of his date of birth (DOB) as 1952 vice 1958.

2.  The applicant states the wrong year was entered by the records clerk.  In addition, he states his DD Forms 214 are incorrect and he does not want to lose benefits or get into trouble for having incorrect forms.  He further states he never served in the Republic of Vietnam, did not attend some of the training, and did not receive some of the awards and decorations which are listed on the form.

3.  The applicant provides a copy of a certificate of live birth and a 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of clearly stating what error or injustice he or she wants corrected and to prove an error or injustice exists by a preponderance of the evidence.  The Board is not an investigative body.  A staff member of the ABCMR was unable to contact the applicant to gain further clarification of his request with regard to what specifically he believes is incorrect on his DD Forms 214 with the exception of his DOB.  It appears the DD Form 214 he provided is a draft or working copy, is not authentic, and may be causing confusion.  Therefore, these issues will not be further addressed in these proceedings.  However, the applicant may reapply at any time to correct a specific error or injustice.

3.  The applicant's record shows he enlisted in the Regular Army on 28 August 1976.   

4.  His record contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 10 February 1977, wherein he indicated his year of birth was 1958 and he authenticated the document with his signature.

5.  A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows his year of birth as 1958.

6.  He was honorably discharged for immediate reenlistment on 26 September 1978.  Item 4 (DOB) of his DD Form 214 lists his year of birth as 1958.  The applicant’s record also contains a DD Form 214 which shows the applicant was honorably discharged on 12 November 1982 for expiration term of service.  Item 5 (DOB) of this DD Form 214 also lists his year of birth as 1958.  

7.  The applicant provides a copy of his Occaneechi Band of the Saponi Nation Certificate of Live Birth which shows his year of birth as 1952.

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 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.  The applicant's request to correct his DD Form 214 to show his year of birth as 1952 was carefully considered.  Unfortunately, the evidence of record shows his year of birth consistently appeared as 1958 on all documents in his available personnel record throughout his period of service.  In addition, he authenticated several of these documents by placing his signature in the appropriate blocks.

2.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

3.  The applicant is advised that a copy of this decisional document will be filed in his service records.  This should clarify any questions or confusion in regard to the difference in the year of birth recorded in his military record and satisfy his desire to have the year he now uses documented in his official 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)                                         AR20120002692



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ABCMR Record of Proceedings (cont)                                         AR20120002692



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