IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005589
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 the date of birth (DOB) listed in his military record and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DOB is 8 October 1941 and not 21 November 1940 as is listed in his military records.
3. The applicant provides a copy of his birth certificate and DD Form 214 in support of his request.
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 was inducted into the Army of the United States on
10 December 1965. The DD Form 47 (Record of Induction) lists his DOB as
21 November 1940 in item 5 (Date of Birth). A DD Form 398 (Statement of Personal History) and DA Form 3027 (U.S. Army Request for National Agency Check) prepared during his induction processing both list his DOB as 21 November 1940.
3. Item 6 (DOB) of the applicant's DA Form 20 (Enlisted Qualification Record) prepared on 16 December 1965 and last audited by the applicant on
27 September 1967 lists his DOB as 21 November 1940.
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 21 November 1940.
5. On 8 December 1967, the applicant was honorably released from active duty by reason of expiration of term of service. The DD Form 214 he was issued upon his separation shows he completed a total of 1 year, 11 months, and
29 days of active military service, and listed his DOB as 21 November 1940 in item 9 (Date of Birth).
6. The applicant provides a copy of his Certificate of Birth issued by the State of Tennessee Department of Vital Statistics on 10 February 2004 which shows his DOB as 8 October 1941.
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 in his military record and 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 21 November 1940, 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.
3. 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. 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) AR20120005589
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