IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003362
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, in effect, correction of the date of birth (DOB) listed on his DD Form 214 (Report of Separation from Active Duty) for the period ending 9 September 1979.
2. The applicant states his correct DOB is 30 June xxxx. He requested his DOB be fixed at the time of his 1979 discharge action and he was told the Department of Veterans Affairs would do it. He thought it had been fixed. However, he requested a copy of his DD Form 214 and saw that his DOB had not been corrected. He is glad that he delayed requesting the correction because in 2010 Puerto Rico invalidated all birth certificates dated after July 2010 and a new birth certificate had to be obtained.
3. The applicant provides a copy of his 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's military records show he enlisted in the Regular Army (RA) on 19 July 1968 for 2 years. He was honorably released from active duty on 17 July 1970, at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows his DOB as 27 June xxxx.
3. On 16 September 1971, he again enlisted in the RA, for 4 years. His record contains:
a. DD Form 4 (Enlistment Record Armed Forces of the United States) that lists his DOB as 27 June xxxx; and
b. DD Form 398 (Statement of Personal History) which he completed and signed on 26 October 1971 that lists his DOB as 27 June xxxx.
4. He was honorably discharged on 9 September 1975 for the purpose of immediate reenlistment. His DD Form 214 shows his DOB as 27 June xxxx.
5. He reenlisted in the RA on 10 September 1975 for 4 years. His DD Form 4 lists his DOB as 27 June xxxx. He was honorably discharged on 9 September 1979. His DD Form 214 lists his DOB as 27 June xxxx.
6. His record also contains a DA Form 2-1 (Personnel Qualification Record), dated 11 June 1979, that does not list his DOB.
7. He provided a copy of a Certificate of Birth from the Government of Puerto Rico, issued on 24 March 2011, which certifies an individual with the applicant's first and last name was born on 30 June xxxx.
DISCUSSION AND CONCLUSIONS:
1. The evidence that the applicant submitted is not sufficient to show that an error exists or that the DOB on his DD Forms 214 should be changed. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his DD Form 214 changed to show the DOB he now uses is understood it is not a basis for compromising the integrity of the Armys records. A copy of this decisional document will be filed in his official military file for reference purposes.
3. In view of the foregoing, there is no basis for granting his request.
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.
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