IN THE CASE OF: 

		BOARD DATE:	      4 September 2012

		DOCKET NUMBER:  AR20120003096


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 15 January 1943, versus 15 January 1942.

2.  The applicant states his mother signed for him to enter active duty on           17 September 1959, about 4 months prior to his 17th birthday.

3.  The applicant provides:

* his State of Oklahoma Standard Certificate of Live Birth
* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* Special Orders 207, issued by U.S. Army Recruiting Main Station, San Antonio, TX, dated 17 September 1959
* Orders 175-6, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 7 September 1979
* Orders 209-4, issued by Headquarters, 13th Corps Support Command, Fort Hood, TX, dated 18 October 1979
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Defense Finance and Accounting Service (DFAS) – Cleveland  (DFAS-CL) Form 7220 (Retiree Account Statement), dated 13 December 2011
* a letter from DFAS, dated 23 December 2011 

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 applicant enlisted in the Regular Army on 17 September 1959.  Item      15 (DOB) of his DD Form 4 shows his DOB as 15 January 1942.  

3.  He served through multiple periods of reenlistment or extension, in a variety of stateside, overseas, and combat assignments, principally in military occupational specialty (MOS) 64C (Motor Transport Operator), and attained the rank/grade of sergeant first class (SFC)/E-7.

4.  On 30 November 1979, he was honorably retired from active duty.  Item         5 (DOB) of his DD Form 214 shows his DOB as 15 January 1942.

5.  On 1 December 1979, he was placed on the Retired List in the rank/grade of sergeant first class/E-7.

6.  On 19 February 1991, he was recalled from retirement and entered active duty in support of Operations Desert Shield and Desert Storm.  On 30 June 1991, he was released from active duty and returned to the Retired Reserve.  Item 5 of his DD Form 214 shows his DOB as 15 January 1942.

7.  His Military Personnel Records Jacket (MPRJ) contains various official personnel and medical documents that show his DOB as 15 January 1942.  When required, he placed his signature where necessary.  The requested DOB does not appear in his MPRJ.

8.  He provides his State of Oklahoma Standard Certificate of Live Birth, which shows his DOB as 15 January 1943.

9.  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.  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.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show his DOB as 15 January 1943.

2.  The evidence of record shows he listed 15 January 1942 as his DOB throughout his entire period of service and he authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of this DOB.  This DOB is consistent throughout all documents in his MPRJ.

3.  He submitted his State of Oklahoma Standard Certificate of Live Birth, which shows his DOB as 15 January 1943; however, he did not use this DOB during his entire period of military service.  

4.  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.  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 that he now desires to record the DOB shown on his State of Oklahoma Standard Certificate of Live Birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

5.  In view of the foregoing, there is an insufficient basis to grant relief in this case.

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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20120003096



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