IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004560
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 22 May 1943 instead of 22 May 1945.
2. The applicant states at the time he entered military service he thought he was born in 1945. He claims being born on the reservation he never had an official birth certificate. He states he is currently a driver and upon renewing his chauffer's license he discovered the year of his birth was 1943.
3. The applicant provides his DD Form 214 and a copy of his Certificate of Birth issued on 27 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 was inducted into the Army of the United States on 12 March 1968. The DD Form 47 (Record of Induction) and DD Form 398 (Statement of Personal History) prepared during his induction processing both list his DOB as
22 May 1945.
3. Item 6 (DOB) of the applicant's DA Form 20 (Enlisted Qualification Record) prepared on 19 March 1968 and last audited by the applicant on 11 August 1969 lists his DOB as 22 May 1945.
4. All orders and other documents on file in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), that contain a DOB list his DOB as 22 May 1945.
5. On 3 March 1970, the applicant was honorably released from active duty as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 1 year, 11 months, and 22 days of total active service. The DD Form 214 he was issued at the time lists his DOB as 22 May 1943.
6. The applicant provides a copy of his Delayed Certificate of Birth issued by the State of Arizona, Department of Health Services, Office of Vital Records, on
27 December 2011. This document lists his DOB as 22 May 1945.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 and documents and orders in the AMHRR would be the primary source records for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the DOB listed on his DD Form 214 has been carefully considered. However, the evidence of record confirms the applicant enlisted, served, and he was separated under the DOB of 22 May 1945, which is the DOB listed on his record documents and DD Form 214.
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 Army's records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct DOB, will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his AMHRR.
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) AR20120004560
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ABCMR Record of Proceedings (cont) AR20120004560
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