IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120004434
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) to show his date of birth (DOB) as 17 October 1949 instead of 18 October 1949.
2. The applicant states his DOB is incorrect and he needs it corrected for the funeral home to have the proper information for his headstone.
3. The applicant provides a Certificate of Live Birth.
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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 18 October 1949. He authenticated this form by placing his signature in the appropriate place.
3. He was inducted into the Army of the United States on 22 August 1969. Item 5 (DOB) of his DD Form 47 (Record of Induction) lists his DOB as 18 October 1949.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry into the Army shows his DOB as 18 October 1949.
5. His record contains various personnel, medical, and legal documents that list his DOB as 18 October 1949. He authenticated several of these documents by placing his signature in the appropriate blocks. There are no documents that list his DOB as 17 October 1949.
6. He was honorably released from active duty on 23 July 1971 and transferred to the U.S. Army Reserve (Annual Training). Item 9 (DOB) of his DD Form 214 shows his DOB as "18 OCT 49."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his induction into the Army of the United States, the applicant listed his DOB as 18 October 1949. This DOB is consistent with the DOB listed on all personnel documents throughout his military service.
2. 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. While it is understandable the applicant desires have the DOB that he currently uses recorded on his DD Form 214 there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this Record of Proceedings will be filed in his official military personnel file. This should clarify any questions or confusion in regard to the difference in the day of birth recorded in his military record and satisfy his desire to have the day 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 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) AR20120004434
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ABCMR Record of Proceedings (cont) AR20120004434
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